IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3830 OF 2009 Balu Narayan Mukane Pintya Narayan Mukane ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Kiran N. Joshi, Adv. for the applicants. Mrs.M.R.Tidake, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 14th Sept., 2009. PC: After hearing learned counsel for the applicants for some time he submits that at the time of commission of offence applicant No.2-Pintya Narayan Mukane was aged about 16 years and hence he has moved an application before Sessions Court to separate the trial of applicant No. 2. Copy of the application seeking separation of trial is filed on record at Ex.E to the application. Submission of the learned counsel for the applicants is that the applicants are charged with commission of offence under section 376(2)(G). Once the applicant No.2 is treated as juvenile his case will have to be transferred to the Juvenile Court and in that situation applicant No.1 will have to face the charge under section 376 and not under section 376(2)(G). Learned APP has disputed the correctness of the date of birth as indicated in the school leaving certificate which is filed at Ex.D. Said certificate indicates the date of birth to be 1.2.93. whereas according to the prosecution date of birth is 28.6.90. The IO has obtained copy of concerned register from the school. In view of the dispute in regard to date of birth learned counsel for the applicant submits that if direction is issued to the Sessions 1 Judge to decide the application pertaining to separate the trial moved by the applicant within stipulated period the applicant would not press the present application at this stage and be granted liberty to file afresh after application at Ex.E is decided. In that view of the matter, without expressing any opinion the present application is disposed of with a direction to the Sessions Judge to hear and decide the application dated 29.7.09 moved by the present applicant No.2 in Sessions Case No. 97/09 wherein a prayer for separating the trial is made as expeditiously as possible and preferably within a period of two months from today. Applicants are granted liberty to move fresh application for bail after decision of the application referred to herein above. Application stands disposed of. 14.9.2009. 2