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Judgment
This criminal revision filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 14.8.2020, passed by the 3rd ASJ, Khargone (West Nimar) who in Cri.Appeal No.25/2020 has rejected the appeal arising out of order dated 31st July, 2020, passed by the Principal Magistrate, Juvenile Justice Board, (West Nimar) Khargone who had earlier rejected the prayer for Supurdginama of Aavesh (minor) in Crime No.201/2020, which was registered at police station Bhagwanpura, District Khargone.
The prosecution story was that on 11.7.2020, on receiving a secret information, a motorcycle was intercepted. The pillion rider sitting on the motorcycle fled from the spot and driver was apprehended who was identified as co-accused Nanak. From the possession of Nanak, 4 country made pistols along with live cartridges were recovered who during his interrogation has stated that previously he had given one of such pistol to present applicant Aavesh. Consequently, Aavesh was apprehended and was sent to the observation home where his Suprudginama application was dismissed.
In the present revision, which has been filed against the order passed by the Appellate Court, it has been mentioned that the applicant has been arrested only on the basis of memorandum of co-accused. It is further submitted that later on the recovery of the pistol has been made at the instance of applicant from the open place. It is also stated that applicant is student and he does not have any criminal antecedents and he presently studying in 10th Std and his future will be jeopardized if not released on Suprudginama.
The Court had called for the report of the Probation Officer. The report has been made available. However, its copy has not been filed by the State for perusal by this Court, but the learned Public Prosecutor for the State has read over the contents of the aforesaid report. The officer in his report has stated that the applicant has not indulged in any major criminal offences earlier. He has also stated that the juvenile is not given to consuming drug or any narcotic substances as well and that he is the student of 10th Std.
The Probationary Officer has recommended that the applicant needs to be given in proper custody for his future betterment.
Considered.
In view of the report of Probation Officer with there being no criminal antecedents and the habits of the juvenile not showing a delinquent behaviour in the past, it would be a fit case to allow this revision application.
Consequently, it is ordered that applicant Aavesh shall be handed over on Suprudginama to his father Aayub who is the natural guardian, on executing Supurdgi bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned Principal Magistrate of Juvenile Justice Board with a condition to keep him present on each and every date, as may be given in this behalf by the Juvenile Board in respect of the present case. His father Aayub shall ensure that the applicant should not come into association with known criminals or unsocial elements during the period of pendency of this case. It is made clear that the observations made by this Court in this order shall in no way influence the trial Court (Juvenile Board) while arriving at its final conclusion.
With the aforesaid, this revision stands allowed.
A copy of this order be also sent to the concerned Juvenile Justice Board for its compliance.
Certified copy, as per rules.