- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.258/2010 Kailas s/o Vitthal Shinde, age 20 yrs., occu.nil, r/o Central Prison, Harsul, Aurangabad. ...Petitioner.. Versus The State of Maharashtra. ...Respondent... ..... Shri Deepak S. Manorkar, Advocate for petitioner. Shri N.R. Shaikh, APP for respondent. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 25.10.2010 ORAL JUDGMENT (Per P.V. Hardas, J.) : 1] The petitioner claims to be a juvenile in conflict with law as the petitioner was 17 years, 1 month and 20 days old when the offence is alleged to have been committed i.e. on 7.12.2006 and seeks his release under the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000. 2] Pursuant to the order passed by this Court dated 20.9.2010, the matter was referred to the Juvenile Justice Board for ascertaining the age of the petitioner. The Board has accordingly, by its report dated 23.9.2010, submitted that upon - 2 - taking the evidence, it transpires that the age of the petitioner was 17 years, 1 month and 20 days when the offence is alleged to have been committed and, therefore, the petitioner was a juvenile in conflict with law. 3] We, therefore, accordingly issue Rule in this petition making the Rule returnable forthwith by consent of learned counsel for the parties. 4] Upon perusal of the certificate annexed to the petition and the certificate annexed by the respondent to the affidavit in reply, it appears that the date of birth of the petitioner is 17.10.1989 while the offence is alleged to have been committed on 7.12.2006. In that light of the petitioner, therefore, according to us, the petitioner would be entitled to be released as the petitioner was a juvenile in conflict with law on the date of the incident. 5] Accordingly, this petition is allowed and the respondent is directed to forthwith release the petitioner if the petitioner is not required in any other case. Rule is made absolute on the above terms with no order as to costs. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/cr251010