Subhash Keir Vs. State - Court Judgment

Excerpt:
- 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. f.c. bansal, j.1. heard learned counsel for the petitioner, learned public prosecutor and have also perused the case diary and material on record.2. learned counsel for the applicant contended that fatal injuries have not been attributed to the petitioner. charge sheet was earlier filed against 11 co-accused out of which four have been acquitted and seven have been convicted for offence under section 302/149 ipc. the sentence awarded to these seven convicts has been suspended by the division bench of this court vide order dt. 09.05.03 in d,b. cr.app. no. 466/03, therefore, this bail application be allowed.3. the learned public prosecutor has opposed this bail application.4. considering the aforesaid submissions and after perusal of the evidence collected during investigation and statements of all the witnesses recorded during trial against co-accused persons and judgment of the trial court dated 12.3.2003 and the order dt. 9.5.2003 passed by division bench of this court, i am inclined to grant bail to the applicant under section 439, cr pc.5. it is, therefore, ordered that the petitioner subhash keer s/o sohanlal keer r/o keeron ki dhani tehsil bansoor (alwar) be released on bail provided he furnishes a personal bond in a sum of rs. 10,000/- (rs. ten thousand only) with two sound sureties of rs. 5,000/- (five thousand only) each to the satisfaction of the trial court with the stipulation to appear in the court as and when called upon to do so during pendency of the trial against him in the case arising out of fir no. 357/97 ps bansoor (alwar).