Criminal Misc. No. M-26759 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-26759 of 2009 Date of decision: October 20, 2009 Amarjit Singh -Petitioner Versus State of Punjab -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. RK Singla, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. Rajan Gupta, J.(Oral) This is a petition for pre arrest bail in a case registered against the petitioner under Sections302,307,323,324,325,148,149,452 & 506 IPC at police station Lohian, District Jalandhar vide FIR No. 41 dated 12.5.2008. Mr. Singla submits that the petitioner was found innocent during investigation and was later summoned under Section 319 Cr.P.C on the statement of one Chhinda Singh. According to the counsel, only role attributed to the petitioner is that he gave injury on the left leg of Chhinda Singh by a brick. The other contention raised by Mr. Singla inter alia is that the petitioner is a juvenile and is thus entitled to benefit of the Juvenile Justice ( Care & protection of Children) Act, 2000. Learned counsel thus prays that the petitioner be granted pre-arrest bail. Learned State counsel has, however, opposed the prayer on the ground that the allegations against the petitioner are serious in nature and the case is under Section 302 IPC. This apart, Mr. Gupta submits that the Criminal Misc. No. M-26759 of 2009 2 question of juvenility of the petitioner can be determined by the court below. Keeping in view the facts & circumstances of the case, prayer for pre arrest bail is rejected. The petitioner is, however, relegated to the remedy of seeking regular bail from the competent court. The petitioner would be at liberty to raise the plea of juvenility and prove the same before the court below. In case an application for regular bail is moved by the petitioner within a week of receipt of a certified copy of this order, the same shall be decided by the said court within three weeks thereafter. Arrest of the petitioner shall remain stayed till decision of his bail application. Petition stands disposed of. [Rajan Gupta] Judge October 20, 2009. 'ask'