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Judgment
Virender Singh, J.—Conceded position is that the petitioner is a juvenile. He us booked in a case bearing FIR No. 454 dated 07.11.2005 under Sections 376/342/452/506 IPC registered at Police Station City, Thanesar, District Kurukshetra.
While drawing my attention to the impugned order of learned Additional Sessions Judge, Ambala, Mr. Dinarpur states that bail application of the petitioner has been declined primarily on the ground that he is booked in another case bearing FIR No. 332 dated 26.8.2005 under Sections 323/324/148/149/506 IPC. Learned counsel states that in the said case, the petitioner is already on bail as all the offences were bailable. He states hat observation of the learned Additional Sessions Judge, Ambala is not sustainable. In the light of an order of this Court passed in Sham Lal v. State of Haryana, (2004(4) RCR(Crl.) 368 (P&H)) in which a juvenile was granted the concession of regular bail in a case u/s 376(2)(g) of Indian Penal Code.
The petitioner is stated to be in custody since 7th November, 2005.
On the basis of the aforesaid submissions, learned counsel for the petitioner prayers for bail which is opposed by the learned State Counsel who submits that the trial is fixed before the Juvenile Court on 22.04.2006 for recording the prosecution evidence.
May be the trial is in progress and the case is at the stage of recording of prosecution evidence, still in my view, the petitioner being a juvenile deserves the concession of regular bail.
Resultantly, the instant application is allowed. Petitioner is ordered to be released on bail on his furnishing regular bail bond to the satisfaction of Juvenile Court/Board.
Application allowed.