Citation : 2013 Latest Caselaw 2489 ALL
Judgement Date : 21 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1856 of 2008 Appellant :- Dinesh @ Dina & Another Respondent :- State Of U.P. Counsel for Appellant :- Santosh Shukla,Akhilesh Kumar Pandey,Jayant Kumar,U.C.Mishra Counsel for Respondent :- Govt. Advocate Hon'ble Vinod Prasad,J.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the appellant and learned AGA for the State.
Under the direction of this Court appellant Dinesh @ Deena was examined for determing his age and now he has been declared to be a juvenile by Juvenile Justice Board, Auraiya. Juvenile Justice Board, Auraiya has dispatched to us the complete material including statements of the witnesses on the basis of which it has concluded that Dinesh @ Deena is a juvenile by its order dated 4.2.2013.
Since Appellant Dinesh @ Deena is a juvenile he cannot be incarcerated into jail.
Let the appellant Dinesh @ Deena be released on bail on his father Suresh executing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 121 of 2003, under section 302 I.P.C., P.S. Kotwali Auraiya, District Auraiya.
Realization of entire amount of fine from him shall also remain stayed till disposed of his appeal.
Order Date :- 21.5.2013
Priyanka
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