Hon'ble Judges/Coram:
Pinaki Chandra Ghose and R.K. Agrawal

ORDER

1. This application has been filed to release the applicant from the prison on the ground mentioned in the petition that the Petitioner-applicant has already served the sentence for more than 10 years and still is in jail. The Petitioner-applicant was sentenced for life imprisonment for commission of offence Under Section 302 of the Indian Penal Code, 1860 ("Indian Penal Code" for short). Subsequent thereto he filed an application for declaration of his juvenility on the date of the incident, before the competent Court of jurisdiction, under the advice of his counsel, being Application No. 259 of 2013. The Juvenile Justice Board vide its order dated 16.11.2013, a copy whereof is also annexed hereto, arrived at the conclusion that the age of the applicant on the date of the incident was 15 years 11 months 26 days only and thereby he was below 18 years at the time of occurring of incident. Accordingly, by the said order the Juvenile Justice Board declared him as a juvenile offender. It further appears that before the Juvenile Justice Board the applicant-Petitioner produced a transfer certificate wherein his date of birth was recorded as December 25, 1960.

2. Learned Counsel appearing for the Petitioner-applicant submitted that in view of the aforesaid fact the Petitioner-applicant should be given exemption under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. He further drew our attention to the certificate issued by the Senior Jail Superintendent, Central Jail, Agra, certifying the period he is in jail. The learned Counsel appearing in this matter further submitted that according to the prosecution the Petitioner-applicant was charged Under Section 302 of the Indian Penal Code, 1860 for committing the murder of one Nathi Lal on 21^st December, 1976 at about 6.30 P.M. by causing him gunshot injury. The Petitioner-applicant pleaded juvenility before the Trial Court in his statement recorded Under Section 313 of the Code of Criminal Procedure, 1973 on 28^th July, 1978, along with other grounds in his defence........