Harbans Lal, J. - (1.) These two bail applications under section 439 Cr.PC. have been filed by the petitioners Sachin Meena and Imam Hasan which arise out of same FIR No. 335/00 P.S. Shivaji Park, Alwar for the offences u/Ss. 147, 148, 364, 302 IPC and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989. So they have been heard together and are being disposed of by this common order.
(2.) As per the prosecution case on 16.11.2000 the petitioners Sachin Meena and Imam Hasan and his companions armed with swords, daggers and hockey sticks came to the house of complainant Ram Kishan and forcibly took away his son Dharamveer with the intention of ordering him. Dharamveer tried to save himself by rushing into a neighbouring house but they all followed him there and pulled him out from there and mercilessly and barbarously assaulted on him causing him severe injuries which resulted in his death. After investigation a charge-sheet has been filed against the petitioners along with others.
(3.) The main and only contention of the learned counsel for the petitioners is that they were below 18 years of age on the date of alleged occurrence i.e. 16.11.2000. So they may be enlarged on bail in view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to in short as the Act). The provisions of which Act would be applicable to their case in view of the Division Bench decision in the case of Bajrang Lal v. State reported in 2002(3) RCC 1616 wherein it has been held that the provisions of the New Act would apply to the pending cases.;