High Court of Punjab and HaryanaCRR/2352/2016allowed

Thomas Masih v. State Of Punjab

2016-09-28Mr Justice Rajiv Sharma2 pages

Crl. Revision No. 2352 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2352 of 2016 (O&M) Date of Decision: 28.9.2016 Thomas Masih .....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Bikramjit Aroura, Advocate for the petitioner.

Mr. K.S.Aulakh, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) The petitioner is a juvenile who is facing trial before the Juvenile Board in a case registered under Section 326-A, 354-C-, 120-B IPC and Section 3 and 4 of the Children Act, 2012. Counsel for the petitioner submits that the name of the petitioner was not mentioned in the FIR nor in the supplementary statements and it is the co-accused who had named the petitioner and both the girls have been examined and they have not made any statement against the petitioner.

Copies of the statements have been placed on record. State counsel submits that Sajjan Masih and one more person were accused of harassing the girls and are accused of throwing acid on a minor girl and the name of the petitioner appears in the statement made by Sajjan Masih that he was supervising the incident and was on a separate motor cycle.

Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Revision No. 2352 of 2016 (O&M) -2Petitioner is in custody since 20.3.2016. The statements of the victims have been recorded. The main role is assigned to some other persons. The petitioner's name does not appear in the FIR. Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing local surety and adequate bonds to the satisfaction of the Juvenile Board/Duty Magistrate.

(ANITA CHAUDHRY) JUDGE September 28, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh