- (1.) The applicant/appellant was convicted and sentenced by the trial court vide judgment dated 19.12.2002 for an offence under Sections 376 (2) (g), 323/149 of I.P.C. The Criminal Appeal filed before this Court in which this application has been filed was dismissed on 05.10.2007. A Special Leave Petition was filed against the judgment dated 5.10.2007. The Apex Court dismissed the same on 28.3.2008. Thus the conviction and sentenced imposed stands confirmed upto Apex Court. The applicant, taking aid of the order passed in a Public Interest Litigation, being Criminal P.I.L. No.855 of 2012 wherein directions have been issued on 24.5.2012 to the District Judges throughout the State of U.P. and to the Legal Services Authorities to initiate proceedings before the Juvenile Justice Board to determine the age of such prisoners who are serving out sentence and were juvenile on the date of the commission of offence has filed this application seeking the benefits under Section 7A of The Juvenile Justice (Care and Protection of Children) Act, 2000 and Rule 98 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 Rules framed thereunder (herein after referred as Act 2000 and Rules 2007 respectively).
(2.) The applicant does not appear to have claimed any juvenility either during the trial or in appeal before this Court or before the Apex Court. After the orders were passed in the aforesaid Criminal P.I.L. on 24.5.2012 and an exercise was undertaken accordingly, the case of the applicant also came to be examined by the Juvenile Justice Board, Agra. The applicant, on the basis of his educational qualification certificates placed before the Juvenile Justice Board, was declared to be juvenile as on the date of the commission of the offence. The order of the Juvenile Justice Board, however, fell short of any direction for release. Upon obtaining the said order from the Juvenile Justice Board dated 4.7.2013, the applicant - Praveen alias Tailor made an application before the Apex Court under Section 7A (1) proviso of the Act 2000. The said application was permitted to be withdrawn with liberty to the applicant to approach "the appropriate court for appropriate relief".
(3.) The applicant thereafter filed an application before the Trial court for his release, in terms of the said directions issued by the Apex Court. The court below namely the Addl. Sessions Judge, Court No.6, Meerut, passed orders on 26.5.2015 observing that the Apex Court has not issued any directions to the said Court to entertain any such application. Therefore, it was not possible for the Court to proceed further. It was also observed by the learned Addl. Sessions Judge that the conviction of the applicant has been confirmed by the High Court and by the Apex Court. In such a situation the application was not maintainable and was, accordingly, dismissed as no relief could be granted by the trial court. On the basis of the said order, the present application has been filed making a prayer that the sentence and conviction be set aside and the applicant be released on bail under Section 7A of the Act, 2000. The prayer clause does not appear to be happily worded inasmuch as there is no occasion now for this Court to set aside the judgment and grant bail to the applicant.;