ITEM NO.105 COURT NO.16 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No.64/2011
DINESH KUMAR Appellant(s)
VERSUS
THE STATE OF HARYANA Respondent(s)

WITH
Crl.A. No. 768/2011 (II-B)

Date : 17-01-2024 These appeals were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE RAJESH BINDAL
For Appellant(s) Mr. S. Rajappa, AOR
Dr. Puran Chand, Adv.
Mr. R Gowrishankar, Adv.

Mr. Niranjan Sahu, AOR
Mr. Prabhati Nayak, Adv.
Mr. Debabrata Dash, Adv.
Mr. Abhijeet Pattanaik, Adv.
Ms. Apoorva Sharma, Adv.
Mr. Umakant Mishra, Adv.

For Respondent(s) Mr. Rajesh Kumar Singh, Adv.
Mr. Prakash Kumar, Adv.
Dr. Monika Gusain, AOR

UPON hearing the counsel the Court made the following
O R D E R
Crl.A. No. 768/2011
The present appellant has been convicted under Section 302 & 392 r/w Section 34 IPC. The conviction has been upheld by the High Court of Punjab and Haryana vide order dated 18.9.2009. Being aggrieved by the said order the appellant preferred Special Leave
Petition and on 11.3.2011 leave was granted in the matter.
During the pendency of the appeal, the appellant raised a plea of juvenility for the first time before this Court by way of an application. On which following orders were passed:-
Heard both sides.
After going into all the materials placed, the period in custody and the grievance expressed, we are inclined to consider the claim of the appellants. Therefore, the appellants are ordered to be released on bail in connection with Sessions Case No.134 of 1998 to the satisfaction of the Additional Sessions Judge, Sonepat.
The Additional Sessions Judge, is free to impose appropriate condition(s) as he deems fit.
The Crl.M.P.s for bail are disposed of.

Although the aforesaid order was passed by this Court but the matter was not sent to the Juvenile Justice Board for an inquiry in the matter.
In the interest of justice, we direct Juvenile Justice Board, Bhiwani to conduct an inquiry in the matter in accordance with law. The report and all the relevant documents be submitted before this Court within a period of three months from today. The appellant is directed to be present before the Juvenile Justice Board, Bhiwani within two weeks from today. The Registry is directed to send a copy of this order to Juvenile Justice Board, Bhiwani for compliance.
List after receipt of the report of the Juvenile Justice Board, Bhiwani.

Criminal Appeal No(s). 64/2011
Since in the connected appeal (Crl.A. No. 768/2011) we have already directed Juvenile Justice Board, Bhiwani to submit a report within a period of three months, let this matter be listed again along with Crl.A. No.768/2011 on receipt of the report of the Juvenile Justice Board, Bhiwani.
(RASHMI DHYANI PANT) (BEENA JOLLY)
COURT MASTER (SH) CO URT MASTER (NSH)