1 appa-110-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 110 OF 2009. IN CRIMINAL APPEAL NO. 40 OF 1993 Santosh Arjun Bhekare .. Applicant/Appellant. versus The State of Maharashtra.. . ..Respondent. Dr Y. M. Chaudhary ,Advocate for the Applicant/Appellant. Mr H. J. Dedhia, A.P.P. for the State respondent. CORAM : A.M. KHANWILKAR & A.R. JOSHI, JJ. DATED : 7th February, ,2011. P.C.:- 1. Heard learned counsel for the applicant and the learned A.P.P.for the State. 2. The applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code. The 2 appa-110-09.doc applicant was initially acquitted by the trial Court but came to be convicted by this Court in the appeal preferred by the State against acquittal. The applicant was sentenced to undergo life imprisonment in connection with offence under Section 302 of the Indian Penal Code. The applicant had challenged the correctness of the said decision before the Apex Court which, however, came to be rejected. In that sense the finding of guilt and the sentence awarded by this Court came to be confirmed even by the Apex Court. 3. However, now the applicant has moved the present application in view of the amended provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 (“the Act of 2000” for short). The applicant has asserted that on the date of offence which took place on 25.12.1991, the applicant was only around 17 years, 6 months and 24 days old. In other words, he qualifies for the benefit available under the provisions of the Act of 2000, 3 appa-110-09.doc as he was minor at the relevant point of time. The material relied upon by the applicant in support of his claim that he was minor on the date of offence is in the form of affidavit by the Investigating Officer who had verified the School Leaving Certificate and the birth certificate of the applicant. However, this Court in its order dated 1st December, 2010 thought it appropriate to refer the matter to the Additional Sessions Judge,Khed, District Ratnagiri, for proper enquiry and to analyze the evidence which would be produced by the applicant or the State in respect of the age of the applicant on the date of commission of offence and to record its opinion on that basis. 4. The Sessions Court, in terms of order dated 1st January, 2011, has now opined that the age of the applicant on the date of commission of offence was about 17 years, 6 months and 24 days. Correctness of the said view taken by the Sessions Judge has not been assailed before us by the State. In the 4 appa-110-09.doc circumstances, it will have to be held that the applicant is entitled for the benefit under the provisions of Act of 2000. Thus understood, while maintaining the finding of guilt against the applicant, the sentence period awarded to the applicant will stand altered in the light of provisions of the Act of 2000. 5. The applicant was in custody immediately after he was convicted by this Court for the alleged offence in August, 2004. He has been released on bail only in terms of order in December, 2010. There is nothing on record to indicate that the applicant has availed parole or furlough leave in the past. The learned A.P.P.is not in a position to counter the fact that the applicant has undergone more than actual sentence period of three years. If it is so, the applicant is entitled for a direction to all concerned to release the applicant in connection with offence u/s 302 of the I.P.C. in Sessions Case No.48 of 1992 on the basis that he has already undergone the maximum sentence period provided in 5 appa-110-09.doc terms of provisions of the Act of 2000. 6. Application is allowed on the above terms. 7. We make it clear that if the applicant is required in some other offence, this order will not be an impediment to proceed against him in accordance with law. 8. Since the applicant has already undergone the maximum sentence period provided by the Act of 2000, the bail bonds, if any, to stand cancelled. λ (A.R. JOSHI, J.) (A.M. KHANWILKAR,J)