1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2351 OF 2009 Sunil @ Pappu Balasaheb Watekar .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Vaibhav Jathar i/b M.S.Gargote for the applicant. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 2ND JULY, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.65 of 2009 of Chakan Police Station, Pune. The crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302, 120(B) r/w 34 of IPC. 3. Mr.Jathar, learned counsel for the applicant, at the outset submitted that the applicant was juvenile on the date of commission of offence and, therefore, he is entitled for anticipatory bail in the instant case. He submitted that the police cannot carry out custodial interrogation of the applicant as contemplated by section 10 of Juvenile Justice (Care and Protection of Children) Act, 2000. He then submitted that this is a case of circumstantial evidence and all other accused, who 2 are similarly placed, have already been released on bail by the Sessions Court. The submissions of the learned counsel for the applicant have not been disputed by learned A.P.P. In fact on instructions from the investigating officer, who is present in the court, she conceded that the applicant was juvenile on the date of commission of the offence. Keeping that in view and considering overall facts and circumstances of the case I am inclined to grant this application for anticipatory bail. Hence the following order: In the event of arrest, applicant be released on bail in the sum of Rs.5,000/- with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant shall report to the concerned police station as and when called. The bailable warrant issued against Shri S.B.Nikam, the Investigating Officer is hereby cancelled. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)