K.N.Sinha J. - (1.) Heard learned counsel for the revisionist and the learned AGA. The present revision has been filed against the order dated 21/2/2003 passed by Additional Sessions Judge, Court No. 2, Etawah, rejecting the bail application of the applicant not finding him to be juvenile.
(2.) The revisionist Salauddin alias Mannu was facing trial in Session Trial No. 93 of 2002 in Case Crime No. 827 of 2001 under Section 302 IPC, Police Station Kotwali, District Etawah.
(3.) The applicant raised the plea of juvenile and in support of the same he filed School Leaving Certificate and he was also got medically examined by the Chief Medical Officer, Etawah. As per report of the Chief Medical Officer Etawah, the age of the applicant came to be above 17 years and below the age of 18 years. It appears that the said report was not relied upon by the court and consequently it was directed that the applicant shall appear before the Medical Board. As per the impugned order the Medical Board also opined that the age of the revisionist applicant was between 17 and 18 years. The plea of juvenile was refused without any proper ground. When the report of the Chief Medical Officer and the report of the Medical Board, both are consistent and the age is coming between 17 and 18 years the court has not given any reason for not holding the applicant to be juvenile.;