CRM-M-25664 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-25664 of 2011 (O&M) Date of Decision:29.08.2011 Maninder Pal . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Sanjiv Pandit, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J (ORAL) CRM No.46068 of 2011 Application is allowed as prayed for. CRM-M-25664 of 2011 This is a petition for pre-arrest bail in a case registered vide FIR No.71 dated 15.4.2011 under Sections 457/380 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Tanda, District Hoshiarpur. One of the contentions of the petitioner is that he had applied for bail claiming himself to be a juvenile and sought the relief in terms of Section 2(L) of the Juvenile Justice (Care and Protection of Children Act, 2000 (for short ‘the Act’). It is alleged that his date of birth as per school record is 15.3.1994 and he was a student at the time of occurrence i.e. on 12.4.2011 but the learned Court below while dismissing his bail application on 12.8.2011 did not revert to the aforesaid fact and circumstance which has alleged to have been brought to the notice of the Court by counsel who had appeared on behalf of the petitioner. In view thereof, it is submitted that the order of the Court below may be set aside and the matter may be remanded back to him for deciding the bail application after taking into consideration the status of the petitioner as a juvenile. After hearing learned counsel for the petitioner and keeping in view the application for bail (Annexure P-2) and the impugned order which is totally silent with regard to the status of the petitioner as to whether he is a juvenile or CRM-M-25664 of 2011 (O&M) - 2 - not, invoking the powers under Section 482 of the Cr.P.C., order dated 12.8.2011 is hereby set aside and the matter is remanded back to the learned Additional Sessions Judge, Hoshiarpur to decide the application after taking into consideration the question of age of the petitioner as well and decide the same in accordance with law. The petitioner shall appear before the learned Court below through his Advocate on 1.9.2011 and the learned Court below shall decide the bail application within a week. The petition is disposed of. Copy dasti. (RAKESH KUMAR JAIN) AUGUST 29, 2011 JUDGE Vivek