IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision 1722 of 2008 DATE OF DECISION : NOVEMBER 18, 2008 SANDEEP ALIAS SONU ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Hemant Bassi, Advocate, for the petitioner(s). Mr. Narender Sura, AAG, Haryana. AJAI LAMBA, J. (Oral) Challenge in this petition is to order dated 12.8.2008 whereby the Additional Sessions Judge, Fatehabad, has declined the prayer for bail on behalf of the petitioner, while holding that the petitioner is not a juvenile. The contention of the learned counsel for the petitioner is that the documents relied upon by the prosecution relate to one Sunil alias Sonu and not the petitioner. The petitioner was born on 18.1.1990 as is evident from the certificate produced not only before the Additional Sessions Judge but also before this Court as Annexure P-7. Considering the material and contentions, notice of motion was issued with specific directions to the respondent to take instructions in regard to the issue noticed above. Criminal Revision 1722 of 2008 2 Shri Saurabh Singh, IPS, Superintendent of Police, Fatehabad, is present in person and has filed his affidavit sworn on 18.11.2008. Following are the relevant contents:- “5. That the SHO, Fatehabad has also collected the information from the head Teacher of Government Primary School, Khabra Kalan, who has stated that the date of birth of Sandeep @ Sonu son of Sh. Rai Singh, caste Jat, resident of Village Khabra Kalan, is 10/09/1990 as per records of their School. However, as per records of Government High School, Khabra, the date of birth of said accused Sandeep alias Sonu has been found to 18/01/1990. 6. That the SHO concerned has also recorded the statements of Sarpanch, Gram Panchayat Khabra Kalan, who has stated that he personally knows Sandeep @ Sonu son of Sh. Rai Siongh, Caste Jat, resident of Village Khabra Kalan. He has also stated that the name of mother of said Sandeep @ Sonu is 'Salochana @ Guddi' and name of father of said Sandeep @ Sonu is 'Rai Singh Jat'. It is also pertinent to mention here that the SHO concerned has also verified from the Sarpanch as well as other villagers of the Village whether Sandeep @ Sonu, at any time, was known by the name of Sunil @ Sonu in his childhood, but they denied the same, as such, he was never known/called in the name of Sunil @ Sonu. 7. It is also pertinent to submit here that no investigation regarding alleged Sunil @ Sonu son of Sh. Rai Singh son of Amar Singh, resident of village Khabra Kalan, District Fatehabad was ever conducted by the Investigating Officer of this case and it appears that the learned Public Prosecutor Sh. Sarwan Kumar, learned Deputy District Attorney has referred the name of Sunil @ Sonu on his own, however, it is not the part and parcel of the police file of the case in hand. 8. That it is submitted here that as per Primary School Criminal Revision 1722 of 2008 3 record, the date of birth of said Sandeep @ Sonu son of Rai Singh son of Mukh Ram, caste Jat, resident of Khabra Kalan, District Fatehabad is “10/09/1990” and his mother's name is 'Salochana', however, as per Government Middle School records, date of birth of Sandeep @ Sonu is “18/01/1990”. However, there is one another person known as Sunil alias Sonu son of Sh. Rai Singh son of Amar Singh, caste Jat, resident of Village Khabra Kalan, District Fatehbad and his mother's name is Sumitra and the date of birth of said Sunil @ Sonu is 01/04/1984 as per the records of Government Primary School, Khabra Kalan. It is, thus, apparent from the submissions made above that Sandeep @ Sonu son of Sh. Rai Singh son of Mukh Ram, whose mother's name is Smt. Salochana, resident of village Khabra Kalan, District Fatehabad and Sunil @ Sonu son of Sh. Rai Singh son of Amar Singh, caste Jat, whose mother's name is Smt. Sumitra, resident of Village Khabra Kalan, District Fatehabad are two different persons and the date of births of the two are also different.” It transpires that Shri Saurabh Singh got a detailed inquiry conducted into the issue through the Station House Officer, Police Station, Fatehabad. The Investigating Agency has concluded that the date of birth of the petitioner is 18.1.1990. It has also been brought out on a perusal of para-7 of the affidavit filed by Shri Saurabh Singh that the Public Prosecutor Shri Sarwan Kumar, who had appeared before the trial Court, had not taken any instructions from the Investigating Agency. The document on account of which the prosecution case was projected to the effect that the petitioner was born on 1.4.1984, is not a part of the police file and the issue had not been investigated or inquired into by the Investigating Criminal Revision 1722 of 2008 4 Agency. Having regard to the facts that have come on the record, the matter is remitted back to the Additional Sessions Judge, Fatehabad, for consideration of the issue afresh in the light of the stand taken on behalf of the Investigating Agency. The matter be adjudicated by 2.12.2008. The issue of bail would also be considered and decided, as directed. The petition stands disposed of. November 18, 2008 ( AJAI LAMBA ) Kang JUDGE