Shamsher Singh alias Shera and Others vs State of Punjab

Alok Singh, J.—Learned Counsel for the Petitioners states that all the three accused-Petitioners are juvenile. He further states that offences, in the present case, are punishable under Sections 323, 324, 326, 148, 149 of the Indian Penal Code. Learned Counsel further states that since all the Petitioners are juvenile, they cannot be arrested and sent to the jail. He further states that Petitioners shall appear/surrender before the Principal Magistrate/Chief Judicial Magistrate, Amritsar, on or before 04.06.2011 and shall place entire material before him to prove that they are juvenile. Learned Counsel further states that Petitioners have reasonably apprehension in their mind that if they appear/surrender before the learned Principal Magistrate/Chief Judicial Magistrate, he may send the Petitioners in custody.

Present petition is disposed of with the direction that Petitioners shall surrender/appear before the Principal Magistrate/Chief Judicial Magistrate, Amritsar, on or before 04.06.2011; they shall move proper application along with the evidence claiming themselves to be juvenile, whereupon the Principal Magistrate/Chief Judicial Magistrate, Amritsar, shall take decision in accordance with the Juvenile Justice Act.

During the pendency of the petition, claiming Petitioners to be juvenile, Petitioners shall not be arrested on furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Amritsar.