penal code - section 302 and criminal procedure code--section 439--bail--6 witnesses declared hostile--completion of trial to take time--held, court is inclined to grant bail.;six witnesses have been declared hostile including the two eye witnesses namely, pw 3 kikaram once pw 9 mangi the total 31 prosecution witnesses are to be examined. the examination of rest of the witnesses will take time in completion of the trial.;i am inclined to grant him bail.;bail granted - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the 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. y.r. meena, j.1. heard learned counsel for the petitioner and learned public prosecutor for the state.2. so far ten witnesses are examined. six witnesses have been declared hostile including two eye witnesses namely, pw 3 kikaram and pw 9 mangi the total 31 prosecution witnesses are to be examined. the examination of rest of the witnesses will take time in completion of the trial.3. considering the facts and circumstances of the case, i am inclined to grant him bail. hence, it is ordered that the petitioner, hariya rabari be enlarged on bail, provided he furnishes a personal bond in the sum of rs. 50,000/- with two sureties of rs. 25,000/- cash to the notification of addl. sessions judge bali for the appearance in that court on the next date of hearing and as end when called upon to do so.