Sapp @ Bittu alias Ashok Kumar vs State of Punjab

N. C. Jain, J.

This is an application for bail on behalf of Sapp alias Bittu alias Ashok Kumar. The only ground, upon which bail application has been pressed is that he was born on July 6, 1974 and at the time of commission of the crime, he was aged about 13 years. The Additional Session, Judge has declined the bail on the ground that there is no material on the record that the birth certificate relates to the applicant. The birth certificate obtained from the Register of Births and Deaths, Municipal Corporation Jullundur. has been attached along with the application eivdencing the birth of a child with parentage of Banarsi Dasson July 6, 1974. Though, no name of the child has been mentioned in the birth certificate, but nonmentioning the name is no ground to presume that the birth, certificate does not relate to the applicant It is a matter of common knowledge that at the time of birth, Parents do not straight away name the child. It would have been better if, an it affidavit had been filed on behalf of the father that the birth entry relates to the applicant. Counsel for the applicant has undertaken before me that necessary affidavit would be filed before the trial court within a period of one month from today. The affidavit of the father would give all the details as to when he was married and as to when children were born giving their exact ages, so that the birth certificate attached with the present applicant can be related. In case the necessary affidavit is not filed before the Additional Sessions Judge, the State would be at liberty to move an application for cancellation of ball. In the circumstances, the petitioner is ordered to be released on bail subject to his furnishing security to the satisfaction of the Chief Judicial Magistrate, Jullundur.

JUDGMENT accordingly.