IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of Decision:11.08.2010 1. Crl. Misc.No.M-17805 of 2010 Kamaljeet Singh ...Petitioner Versus State of Haryana .....Respondent 2. Crl. Misc.No.M-19560 of 2010 Jyoti and others ...Petitioners Versus State of Haryana .....Respondent Present:- Mr. Baldev Singh, Senior Advocate with Mr. Deepinder Singh, Advocate for the petitioners. Mr. Pawan Singh, AAG, Haryana. ..... S.S. Saron, J. Heard counsel for the parties. This order will dispose of Crl. Misc. No.17805 of 2010 filed by Kamaljeet Singh and Crl. Misc. No.19560 of 2010 filed by Jyoti, Amit and Jeetu alias Jitender as both have arisen from the same FIR. Kamaljeet Singh (petitioner in Crl. Misc. No.17805 of 2010) has been summoned as an additional accused by the trial Court vide order dated 18.5.2010 (Annexure P-6). He was not sent up for trial by the police. Prosecutrix has not named him as an accused in her statement (Annexure P-1) which is recorded under Section 161 Cr.P.C. Even in the statement (Annexure P2) recorded under Section 164 Cr.P.C., the allegations are against Jyoti, Amit and Jeetu @ Jitender (petitioners in Crl. Misc. No. M-19560 of Crl. Misc.No.M-17805 of 2010 [2] Crl. Misc.No.M-19560 of 2010 2010) and not the Kamaljeet Singh (petitioner in Crl. Misc. No. M-17805 of 2010). The prosecutrix appeared as a witness before the learned trial Court as PW-7 and in her deposition she does not mention the name of Kamaljeet Singh (petitioner in Crl. Misc. No. M-17805 of 2010). According to the Senior counsel appearing for the petitioners the learned Sessions Court on the wrong appreciation of the statement (Annexure P-5) of the prosecutrix –PW7 has summoned the petitioners as additional accused. The said aspect is to be considered and gone into by the Court at the appropriate stage of the case. In consequence of the interim bail granted on 28.6.2010, Kamaljeet Singh-petitioner has appeared before the learned trial Court on 5.7.2010 and has been admitted to bail. Copy of the order dated 5.7.2010 passed by the learned Sessions Judge, Faridabad has been submitted. Consequently interim bail granted on 28.6.2010 is made absolute. Insofar as petitioners Jyoti, Amit and Jeetu alias Jitender (petitioners in Crl. Misc. No. M-19560 of 2010) are concerned, it may be noticed that they are alleged to be juveniles. The date of birth of Jyoti (petitioner No.1) as per her 5th annual examination certificate (Annexure P5) is 3.6.1992; the date of birth of Amit (petitioner No.2) as per All India Secondary School Examination, 2008 certificate (Annexure P-6) is 29.10.1993 and that of Jeetu alias Jitender (petitioner No.3) as per his school leaving certificate (Annexure P-7) issued by Anupam Public Senior Secondary School, Hodal is 28.2.1994. Therefore, they are entitled to the benefit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. In consequence of the interim bail granted on 13.7.2010, Jyoti, Amit and Jeetu alias Jitender have put in appearance before the learned Crl. Misc.No.M-17805 of 2010 [3] Crl. Misc.No.M-19560 of 2010 Sessions Court, Faridabad on 16.7.2010 and their bail bonds and surety bonds have been accepted. Copy of the order dated 16.7.2010 passed by the learned Sessions Judge, Faridabad has been placed on record. In the circumstances, interim bail granted to Jyoti, Amit and Jeetu alias Jitender on 13.7.2010 is made absolute. Crl. Misc. No.M-17805 of 2010 and Crl. Misc. No.M-19560 of 2010 stand disposed of accordingly. (S.S.SARON) JUDGE 11.08.2010 Sharmila/amit