Court No. - 1
Case :- CRIMINAL APPEAL No. - 6093 of 2009 Appellant :- Kunwar Pal Respondent :- State Of U.P.
Counsel for Appellant :- R.K. Singh,Prabhat Pandey,Sanjeev Kumar Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Criminal Misc. IInd Bail Application No. 224604 of 2012 Heard Sri Prabhat Pandey, learned counsel for the appellant, Sri Vikas Sahai, learned AGA for the State and perused the record.
This is the second bail application filed on behalf of the appellant.
The first bail application of the appellant was rejected by another coordinate Bench consisting of Hon'ble Imtiyaz Murtaza and Hon'ble Shyam Shankar Tiwari,JJ. (as they were then), vide order dated 18.11.2009.
It appears from the record that the appellant has raised juvenility and moved an application for the same under Section 7(A) of Juvenile Justice Act, 2000 and in pursuance to an order was passed by this Court on 04.04.2017 and the matter was referred to District Judge, Bareilly to look into the matter and enquire the juvenility of the appellant and submit a report in this regard. The District Judge, Bareilly submitted a report on 08.06.2017 wherein it has been stated that Kunwar Pal as per High School Certificate his date of birth is 10.02.1988 and on the date of incident i.e. on 28.06.2005 he was found to be minor aged about 17 years, 4 months and 18 days. A copy of the said report is also on record. In view of the same, the appellant has been declared juvenile.
Further regarding the juvenility of the appellant, a notice was also issued to opposite parties to file their objection, if any, to which opposite party has stated that he has no objection regarding juvenility report of the appellant.
Learned A.G.A. has also made satisfaction and submitted that he has no objection, if the appellant be declared juvenile.
Without expressing any opinion on the merits of the case and considering the facts that the appellant has been been declared juvenile and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant Kunwar Pal, convicted and sentenced in S.T. No. 87 of 2006 (State of U.P. vs. Kunwar Pal and Others) arising out of case Crime No. 321 of 2005, under Section 302 I.P.C., Police Station Fatehganj West, District Bareilly be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The realization of the fine imposed by lower Court is stayed.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 30.3.2018 A.K.Verma
Court No. - 1
Case :- CRIMINAL APPEAL No. - 6093 of 2009 Appellant :- Kunwar Pal Respondent :- State Of U.P.
Counsel for Appellant :- R.K. Singh,Prabhat Pandey,Sanjeev Kumar Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Criminal Misc. Application (Under Section 7(A) of Juvenile Justice Act, 2000) No. 3144 of 2016 Heard Sri Prabhat Pandey, learned counsel for the appellant, Sri Vikas Sahai, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that as per High School Certificate of the appellant his date of birth is 10.02.1988. A copy of the same has been annexed as Annexure- 2 to this affidavit. It is further submitted the incident is of 28.06.2005 and on the date of incident the appellant was aged about 17 years, 4 months and 18 days.
In view of the submission made by learned counsel for the applicant, the Application under Section 7(A) of Juvenile Justice Act, 2000 is allowed.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 30.3.2018 A.K.Verma