IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. MISC. PETITION NO. OF 2003

IN

SPECIAL LEAVE PETITION (CRL.) NO. OF 2003

IN THE MATTER OF:-

Dharmender Singh. … Petitioner

Versus

State of Haryana … Respondent

APPLICATION FOR BAIL

To

The Hon’ble Chief Justice of Supreme Court

and his Companion Justices

The humble Petition of the

Petitioners above-named

MOST RESPECTFULLY SHOWETH:

1. That the accompanying Special Leave Petition has

been filed by the Petitioner herein under Article 136 of the

Constitution of India against the impugned judgment and order

dated 10 th March, 2003 passed by the Punjab and Haryana

High Court at Chandigarh [hereinafter referred to as the

Hon’ble High Court] in Criminal Revision No.264-M of 2003.

1
2. That full facts leading to the filing of the instant

Application are set out in the accompanying Special Leave

Petition and the same are not being repeated herein for the sake

of brevity. The Petitioner craves leave of this Hon`ble Court to

refer to and rely upon the same at the time of hearing for the

purposes of instant Application.

3. The Hon’ble High Court by the impugned judgment

and final order has been pleased to dismiss the Revision

Petition of the Petitioner challenging the order of the

Sessions Judge, Jind dismissing the Application of the

Petitioner for transfer of the criminal proceedings to a

Juvenile Court on the ground that the accused-Petitioner at

the time of the alleged incident was a minor.

4. It is further submitted that pursuant to his arrest by the

police the Petitioner has been taken in judicial custody and has

since been languishing in District Jail, Jind.

5. Being aggrieved by the passing of the aforesaid impugned

judgment and order, the Petitioner herein is filing the present

Application for bail before this Hon’ble Court, inter alia, on the

following grounds:

[a] FOR THAT the Petitioner is a juvenile and is entitled to all

the care and protection given to a juvenile under the

provisions of the Juvenile Justice (Child Care & Protection)

2
 Act, 2000 instead of being sent to a jail where he is being

compelled to live and mix up with hard-core criminals.

[b] FOR THAT the Petitioner who is a juvenile has been illegally

sent to and kept in the jail in gross contravention of the

provisions of the Juvenile Justice (Child Care & Protection)

Act, 2000.

[c] FOR THAT the Petitioner is entitled to be released on bail

and be set at liberty until and unless the question as to

whether he is a juvenile or not is finally adjudicated upon

by the competent court and until and unless the charges

framed under Sections 366-A, 376 (2) (f) and 307 read

with Section 34, IPC are proved beyond any doubt.

6. It is submitted that the Petitioner has a prima facie

excellent case on merits and that the balance of convenience lies

in favour of the Petitioner.

7. It is further submitted that it is in the interest of justice and

equity the present Application deserves to be allowed.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:

[a] Allow the present Application directing that the Petitioner

who is detained in jail in connection with FIR No.183 dated

3
 9th November, 2002, Police Station Narwana and Sessions

Case No.4 of 18.1.2003 be forthwith released on bail from

the District Jail, Jind on such terms and conditions as this

Hon’ble Court may deem fit and in the facts and

circumstances of the case and to the satisfaction of such

appropriate authority as this Hon’ble Court may direct;

and/or

[b] Pass such other and further order or orders as this Hon’ble

Court may deem fit and proper in the facts and

circumstances of the case.

AND FOR WHICH ACT OF KINDNESS THE APPELLANT AS IN DUTY

BOUND SHALL EVERY PRAY

FILED BY:

[R. NEDUMARAN]
Advocate on Record for the Petitioner

April 2003

4
 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (Crl) No. 2001

IN THE MATTER OF

Dharmender Singh. … Petitioner

Versus

State of Haryana … Respondent

CERTIFICATE

Certified that the SLP is confined only to the

pleadings before the Court whose order is challenged

and the other documents relied upon in those

proceedings. No additional facts, documents or

grounds have been taken therein or relied upon in the

SLP. It is further certified that the copies of the

documents/Annexures attached to the SLP are

necessary to answer the question of law raised in the

Petition or to make out grounds urged in the SLP for

consideration of this Hon'ble Court. This certificate is

given on the basis of the instructions given by the

Petitioner/person authorised by the petitioner/s

whose Affidavit is filed in support of the Special

Leave Petition.

5
 FILED BY:

[R.Nedumaran]
Advocate-on-Record for the Petitioner

New Delhi,
April , 2003