1 Cri.A.4637.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4637 OF 2011 Raju S/o Hari Dhage R/o Redhura, Taluka Basmath, District Hingoli. ...APPLICANT. VERSUS 1) The State of Maharashtra. ...RESPONDENT. ... Shri.P.S.Paranjape Advocate for Applicant. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 29TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant claimed to be arrested, in connection with Crime No. 65 of 2002, registered with Purna Police Station, District Parbhani, only in the year 2011. The applicant pleaded that at the time of occurrence, which took place i.e. on 10.07.2002 he was minor. On account of this, medical examination of the applicant was ordered at General Hospital Parbhani and that was conducted. By letter dated 09th August, 2011 it was communicated to the concerned Police Inspector that age of Raju-accused 2 Cri.A.4637.11 was 20 years and/or above, when he was examined in the August 2011. The copy of this certificate annexed at page 13. The applicant has relied upon it and pleaded that on the date of occurrence i.e. on 10.07.2002, he was aged 12-13 years. 3. Learned counsel Mr. Paranjape stated that applicant stands by copy which he has annexed at Page No.13. Learned counsel Mr. Paranjape submitted that on the basis of report given by doctor certifying his age the applicant be must of 12 to 13 years on the date of incident. If that is so he was below 18 years on the date of occurrence . 4. Learned APP opposed the application on the ground that detail enquiry will have to be conducted about the date of the birth of the applicant. 5. Considering the papers and submissions, I do not see any need to go into detail enquiry particularly because doctor has certified that in the August 2011 the applicant was more than 20 years of age. After calculating the age of the applicant as of 10.07.2002 with assistance of the medical report, it is clear that the applicant must be of 12-13 years on the date of occurrence. The applicant was juvenile when the incident is alleged to 3 Cri.A.4637.11 have taken place. On this count itself the applicant is entitled to bail. This Court does not feel it necessary to ascertain the role of the present applicant as bail is granted on the count that the applicant was juvenile on the relevant date. Hence following order is passed (i) The bail application is granted. (ii) It is hereby ordered that the applicant be released on bail, Crime NO. 65 of 2002, registered with Purna Police Station, District Parbhani, in the sum of Rs.5,000/-(Rupees Five Thousand) one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.5,000/-(Rupees Five Thousand). (ii) The applicant shall report the concerned Police Station, on every second Saturday of every month for a period of six months from the date of his release. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 4 Cri.A.4637.11