14crn1214-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1214 OF 2010 Pinto alias Jayprakash Mishra. ..Applicant. Vs. State of Maharashtra ..Respondent. .... Mr.H.R. Sharma, Advocate for the applicant. Mr.S.N. Gawade, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 23RD JUNE, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail in which the applicant is facing the charges for the offences punishable under Sections 363 & 302 of Indian Penal Code. 2. It is allegation against the applicant/accused that in November, 2003 he kidnapped a small boy of three years age from the family of his acquaintance. From the said date, the small boy and the present applicant were missing. 14crn1214-10 2 Subsequently a missing complaint was lodged. The present applicant was traced at his native place at U.P.. The dead body of the small boy was found in a well situated near the native village of the applicant. Apparently, it is a case of last seen together and there are certain witnesses mentioning the acquaintance of the present applicant with the family of the deceased boy. 3. Reportedly, charge is already framed but the trial is not yet started. During the arguments, it is submitted before the Court by learned Advocate Mr.Sharma for the applicant that initially on the strength of the age proof of the applicant he was treated as a juvenile and in October, 2004 he was released on bail by Juvenile Court and since then till January, 2010 he was regularly attending. 4. Subsequently the police investigated the matter and found out the birth date which is different from the date quoted by the applicant. On this new revelation, it was transpired that the applicant was not a juvenile as on the date 14crn1214-10 3 of the commission of the offence and as such matter was transferred to the regular Court. Consequently the applicant surrendered before the said Court and was taken into custody and his bail application was rejected in February, 2010. 5. Considering the above circumstances and earlier attempt of the applicant to produce his certificate showing his alleged juvenility and subsequent transfer of his case to the regular Court, it would not be in the fitness of the situation to release the applicant/accused on bail when in near proximity the entire matter can be disposed of by trial Court as reportedly the charge is already framed. 6. In view of the above, present application is disposed of with following order :­ :: O R D E R :: [i] Criminal Application No.1214 of 2010 for regular bail stands rejected. [ii] The trial Court shall expeditiously dispose of 14crn1214-10 4 the present matter and preferably within the period of nine months from receipt of this order. The trial Court shall not be influenced by any of the observations made in the present order so far as the merits of the case are concerned. (A.R.JOSHI,J.)