Allahabad High Court
Faiyaz Alam vs State Of U.P. And Another on 17 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141472
Court No. - 80
Case :- CRIMINAL REVISION No. - 2081 of 2021
Revisionist :- Faiyaz Alam
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Jagmohan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 03.12.2020 passed by learned Sessions Judge, Gorakhpur in Criminal Appeal No. 79 of 2020 as well as order dated 30.09.2020 passed by Juvenile Justice Board, Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No. 879 of 2018 under Section 395, 412, 419, 420 I.P.C. Police Station Cantt, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years at the time of alleged incident. It is further submitted that he was not named in F.I.R. which was lodged against the unknown persons for robbery of Tata Zest car. It is further submitted that four co-accused persons Aman Kumar Giri, Onkar Pandey, Rajan Kumar Chaursiya and Masoom Ali were arrested by the police and aforesaid car was recovered from their possession. On the basis of their confessional statement the name of the present revisionist was also involved in this case. He never took part in commission of the offence as alleged with other co-accused persons. It is further submitted that in District Probation Officer's report 8 cases were shown against the delinquent out of which four cases were disposed of by learned J.J. Board.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 01.08.2019 i.e. about four years and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 30.09.2020 and the appellate court dated 03.12.2020 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist ( father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-
(i) The revisionist/ father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 17.7.2023
Suraj Srivastav
