Balak Das Vs. State of Rajasthan - Court Judgment |
| Criminal |
| Rajasthan High Court |
| May-21-1986 |
| S.B. Cr. Misc. Bail Application No. 1388 of 1986 |
| Mahendra Bhushan Sharma, J. |
| 1986WLN(UC)634 |
| Balak Das |
| State of Rajasthan |
| Application allowed |
rajasthan children act - section 2(d) and criminal procedure code--section 437(1)--bail--accused below 16 years as per birth date in school certificate--held, he is a child and entitled to be released on bail.;it appears that the date of birth of the accused petitioner is recorded as 10th june, 1970 and as such on the date of occurrence he had not attained the age of 16 years. the accused is under the age of 16 years and can be considered for being released on bail under the proviso of sub-section (1) of section 437 cr. pc.;bail granted - .....437 cr. pc. that apart, if an accused person had not attained the age of 16 years on the date of the occurrence then he is a 'child' within the meaning of section 2(d) of the rajasthan children act and on that account also he is entitled to be released on bail.2. consequently, on the ground of his prima facie not having attained the age of 16 years on the date of the occurrence i allow the application and direct that the accused petitioner balak das shall be released on ball if his guardian furnishes persona! bond in the sum of rs. 10,000/- with two sureties to the sum of rs. 5000/- each to the satisfaction of learned addl. sessions judge, kishangarhbas for his appearance in that court in any other court as and when required.
Mahendra Bhushan Sharma, J.
1. Though the prosecution will have a right to challenge the step taken by the accused that he has not attained the age 16 years but prima facie from the certificate of Head Master, Government Middle School, Rajgarh, it appears that the date of birth of the accused petitioner is recorded as 10th June, 1970 and as such on the date of the occurrence he had not attained the age 16 years. The accused is under the age of 16 years and can be considered for being releasing on bail under the proviso of Sub-section (i) of Section 437 Cr. PC. That apart, if an accused person had not attained the age of 16 years on the date of the occurrence then he is a 'child' within the meaning of Section 2(d) of the Rajasthan Children Act and on that account also he is entitled to be released on bail.
2. Consequently, on the ground of his prima facie not having attained the age of 16 years on the date of the occurrence I allow the application and direct that the accused petitioner Balak Das shall be released on ball if his guardian furnishes persona! bond in the sum of Rs. 10,000/- with two sureties to the sum of Rs. 5000/- each to the satisfaction of learned Addl. Sessions Judge, Kishangarhbas for his appearance in that court in any other court as and when required.