- (1.) Present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for immediate release of the petitioner from the custody of respondent No.2 Superintendent, District Jail, Gurgaon. It is further prayed that necessary directions be issued to respondent No.1- State of Haryana to proceed under Section 64 of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended w.e.f. 22.8.2006.
(2.) Petitioner was arrested in two cases bearing FIR No.72 dated 14.4.1999 registered at Police Station Sadar Sonepat under Sections 120-B, 392, 397 IPC and Section 25 of the Arms Act and FIR No.254 dated 30.6.1999 registered at Police Station City Sonepat under Section 302 read with Section 34 IPC.
(3.) In view of the amendment made in the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as, 'the Act'), case of the petitioner is to be treated as a delinquent juvenile in conflict with law. Counsel states that petitioner was less than 18 years of age when the occurrence took place. Since a number of cases of this nature are being listed for hearing before this Bench, a request was made to the Director General of Prisons, Haryana to be present in Court, so that ratio of law laid down in Hari Ram v. State of Rajasthan & Anr., 2009 2 RCR(Cri) 878 and Mohan Mali and another v. State of M.P., 2010 2 RCR(Cri) 838 is uniformly followed in the State of Haryana.;