Crl. Misc. No. M-3251 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-3251 of 2011 Date of decision: 08.02.2011 Jugraj Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.S. Pheruman, Advocate for the petitioner Mr. Shilesh Gupta, Dy. Advocate General, Punjab. RAJAN GUPTA, J. This is a petition under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 84 dated 01.09.2010 under Section 382 IPC at Police Station Subhanpur, District Kapurthala. Learned counsel for the petitioners contends that petitioners are juvenile and thus they cannot be arrested by the police. He submits that a direction may be issued to the Juvenile Justice Court to admit the petitioners to interim bail. Learned State counsel has, however, vehemently opposed the prayer. He, on instructions from ASI, Baljinder Singh, who is present in court, submits that petitioners are habitual offenders and certificates of age annexed with this petition are in fact procured ones.. Crl. Misc. No. M-3251 of 2011 2 I have heard learned counsel for the parties. The allegations against the petitioners are that they along with co-accused have formed a gang to commit theft and dacoity. On 25.08.2010 they waylaid complainant Sukhjinder Singh and caused injuries by blunt side of sword and iron rod on his head. They robbed him of mobile phone and Rs. 15,000/-. Thereafter, they fled on their pulsar motorcycles. Keeping in view the nature of allegations, I am of the considered view that petitioners are not entitled to concession of pre-arrest bail. The contention that petitioners are juvenile has been seriously disputed by the State counsel. Adjudication of the said issue is beyond the scope of this petition under Section 438 Cr.P.C. The petition is thus without any merit and is hereby dismissed. 08.02.2011 (RAJAN GUPTA) Ajay JUDGE