Criminal Misc. -M No. 26859 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 26859 of 2011 (O&M) Date of decision : 26.9.2011 Shiva @ Akash .. Petitioner versus State of Punjab .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S. S. Majithia, Advocate, for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. Rajesh Bindal, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 163 dated 17.9.2010, registered under Sections 382, 511 IPC at Police Station Rama Mandi, District Jalandhar, claiming that he is a juvenile. His date of birth, as per birth certificate issued by Local Registrar, Births and Deaths, Municipal Corporation, Jalandhar, is 28.3.1994. Learned counsel for the petitioner submitted that the only allegation against the petitioner was regarding an attempt to snatch the ear rings. He submitted that the complainant had an old grudge against the co- accused Rohit. The petitioner has been falsely implicated in the present case. He is a juvenile. On the other hand, learned counsel for the State submitted that the petitioner was party to the crime in snatching the ear rings. 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') by approaching the Juvenile Justice Board. Singh Varinder 2011.10.03 12:49 verified Punjab and Haryana High Court at Chandigarh Criminal Misc. -M No. 26859 of 2011 (2) Heard learned counsel for the parties. Considering the age of the petitioner as is evident from certificate (Annexure P-2) annexed with the petition, in my opinion, the petitioner deserves concession of pre-arrest bail. He shall appear before the Investigating Officer on 14.10.2011 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 petitioner's claim is decided by the Juvenile Justice Board in terms of parameters 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. 26.9.2011 ( Rajesh Bindal ) vs Judge Singh Varinder 2011.10.03 12:49 verified Punjab and Haryana High Court at Chandigarh