RAKESH Vs. STATE OF M. P.

JUDGEMENT

(1.) THE earlier application for bail was heard by Hon'ble Shri K. K. Verma, J. who has since demitted the office. The applicant is an undertrial prisoner facing trial on charge u/s 302 I.P.C. in connection with Crime No. 75/91 of P. S. Mohana. The applicant claims to be less than 16 years of age, while he is 19 years of age according to the prosecution.

(2.) THE applicant raised an objection before the trial Court claiming protection of the Juvenile Justice Act, 1986 challenging the jurisidiction of the trial Court to try the case. The objection was overruled. As against the order of the trial Court, the applicant had preferred a revision before this Court which was been registered as Cr. Revision No. 164/92 and is pending for hearing before another Bench of this Court. The last date appointed for hearing is 25.6.93. The trial is held up as the record has been requisitioned in Cr. Revision No. 164/92. The learned counsel for the applicant has rightly placed reliance on Asharam v. State of M. P. (1992 -1 MPWN 113) wherein this Court took the view that so long as an inquiry as to the age of the accused claiming benefit of Juvenile Justice Act was not concluded, the accused deserved to be released on bail.