The main legal point established in the judgment is the mandatory nature of granting bail to a juvenile under the Juvenile Justice Act, unless there are reasonable grounds for believing that the release would bring the juvenile into association with known criminals or expose them to danger.

Satish Kumar Mittal, J.

1. Petitioner Balkar Singh has filed this revision petition challenging the order dated 24.8.2004, passed by Addi. Sessions Judge, Mansa, dismissing the application filed by the petitioner for separating his trial from the other accused under Sec.18 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Juvenile Justice Act), claiming himself to be a juvenile and for releasing him on bail under Sec.12 of the Juvenile Justice Act.

2. In this case, FIR No.113 dated 28.12.2002 was registered under Sections 308/365/34 IPC against the petitioner and his two brothers, namely Jagir Singh and Wazir Singh, three days after the alleged occurrence, on the statement of Pargat Singh, brother of the deceased. As per the version in the FIR, on 25.12.2002, the aforesaid three accused caused injuries to Bhola Singh, brother of the complainant, as they were suspecting that he was having illicit relations with their Bhabi It is alleged that Balkar Singh petitioner gave a dang blow, which hit Bhola Singh on his right flank above the stomach. Bhola Singh remained under treatment in Civil Hospital, Mansa, from 27.12.2002 to 29.1.2003. Thereafter, he remained at his house, but on 20.3.2003, he died. Thereupon, the offence under Sec.302 IPC was added vide Rapat No.10 dated 20.3.2003.

3. During the investigation, the petitioner was found innocent by the police, as his participation in the occurrence was not substantiated by any evidence, therefore, he was kept in column No.2.

4. After presentation of challan, charge under Sections 302/365 IPC was framed against the other two accused i. e. Jagsir Singh and Wazir Singh. Subsequently, after the examination of the complainant, petitioner was summoned under Sec.319 Cr. P. C. to face trial along with other coaccused.

5. Pursuant to the summoning order, the petitioner surrendered before the trial Court and moved an application under Secs. 12 and 18 of the Juvenile Justice Act for grant of bail as well as for separation of his trial from the other accused being a juvenile. The petitioner was taken into custody and he was ordered to be released on interim bail vide order dated 28.5.2004. He was also provided an opportunity to produce evidence regarding his status as juvenile.

6. The petitioner claimed his date of birth as 15.11.1987. In support of his plea, he examined himself as AW.1 and stated his date of birth as 15.11.1987 on the basis of two school leaving certificates of Class 5th and 8th, Ex. A-I and Ex. A-2. The 5th class certificate was issued by the Education Department under the signatures of District Education Officer (Primary) Mansa, wherein his name and fathers name and residence has been given to be the same and the date of birth has been certified to be 15.11.1987. The second certificate of Class 8th was issued by Punjab School Education Board, wherein his date of birth has been recorded as 15.11.1987. The petitioner also examined Gurdev Singh, S. S. Teacher of Govt. Senior Secondary School, Jhunir, as AW.2, who stated that the petitioner is a student in the above said school in Class 10. He further stated that the petitioner was got admitted by his mother vide admission form, copy of which is Ex. A-3. He also produced copy of certificate for passing 5th class as Ex. A-4. He further stated that as per the admission and discharge register, which is maintained by the Principal of the School, copy of which was proved as Ex. A-5, date of birth of the petitioner is 15.11.1987.

7. Contrary to this, the prosecution neither led and evidence whatsoever nor any attempt was made by it to conduct ossification test of the petitioner.

8. On the basis of the aforesaid evidence, the petitioner claimed himself to be a juvenile under Sec.2 (k) of the Juvenile Justice Act, being a person who has not completed 18 years of age as per the two school leaving certificates. In view of the above date of birth, age of the petitioner, at the time