IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 25812 of 2011 (O&M) Date of decision: 02.09.2011 Davinder Singh .. Petitioner versus State of Punjab .. Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K.B. Raheja, Advocate for the petitioner. Mr. P.S. Bajwa, Deputy Advocate General, Punjab Mr. P.L. Singla, Advocate for the complainant Rajesh Bindal, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner. He is stated to be less than 18 years of age on the date of alleged occurrence as his date of birth is stated to be 20.5.1994. Learned counsel for the petitioner submitted that the petitioner was allegedly driving the motorcycle. The girl was, in fact in love with one Sukhwinder Singh. Both of them wanted to marry each other. The petitioner is to appear in his 10+2 semester examination commencing from September 26, 2011. Learned counsel for the petitioner further submitted that other accused Sukhwinder Singh has already been arrested. On the other hand, learned counsels for the State as well as the complainant submitted that petitioner was party to the crime and he helped the main accused in kidnapping the girl. In fact both of them were teasing the girl when she was studying in Class 10 in her parental village. She was taken by her maternal uncle and got admitted in different school. Still the petitioner and co-accused Sukhwinder Singh were continuously harassing the daughter of the complainant. Considering the seriousness of offence, the petitioner does not deserve concession of pre-arrest bail. However, if he claims himself to be a juvenile, he can avail benefits under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') Criminal Misc.-M No. 25812 of 2011(O&M) 2 by approaching the Juvenile Justice Board. Heard learned counsel for the parties. Considering the age of the petitioner as is evident from certificate (Annexure P-1) annexed with the petition and also the fact that petitioner has to appear in the semester examination of 10+2 class commencing from September 26, 2011, in my opinion, the petitioner deserves concession of pre-arrest bail. He shall appear before the Investigating Officer on 12.9.2011 at 10.00 a.m. to join investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. However, this order shall remain in operation till the petitioners' claim is decided by the Juvenile Justice Board in terms of para- meters laid down under Section 12 of the Act. Learned counsel for the petitioner submitted that petitioner will approach the Juvenile Justice Board within two weeks. The petition stands disposed of. ( Rajesh Bindal ) Judge 02.09.2011 reena