Jagdish and ors. Vs. State

.....age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 5,000/- with one surety in the like amount in each case, to the satisfaction of the investigating/arresting officer concerned, one of the conditions of the bail bonds to be executed by the petitioners and their sureties will be that during the period of investigation, the petitioners shall make themselves available to the investigating officer as and when they are required to do so......of bones of fronto-parietal region that therefore section 307 ipc has already been added to category of offences mentioned in the fir. without expressing any opinion on the question as to whether the injuries suffered by prahlad would bring the case within the ambit of section 307 ipc or not, i am of opinion that the accused-petitioners should be granted bail under section 438 cr. p.c. i may mention here that before the present fir was registered against the accused-petitioners, in the instant case, another fir no. 168/1981 has been registered by the bagru police against the members of the complainant party at the instance of the accused-party.2. bearing all these facts in mind, i am of opinion that the accused-petitioner should be grated anticipatory bail. i would accordingly allow this application and direct that in the event of their respective arrest, the accused-petitioners shall be released on bail on their executing severally bail bonds in the amount of rs. 5,000/- with one surety in the like amount in each case, to the satisfaction of the investigating/arresting officer concerned, one of the conditions of the bail bonds to be executed by the petitioners and their sureties will be that during the period of investigation, the petitioners shall make themselves available to the investigating officer as and when they are required to do so. another condition of the said bonds will be that during the period they remain on bail, the petitioners shall not commit an offence similar in nature to the offence of which they are accused now.