Court No. - 50 Case :- CRIMINAL REVISION No. - 208 of 2010 Petitioner :- Saddam Husain Respondent :- State Of U.P. & Another Petitioner Counsel :- Shyamal Prayagi,Kamal Krishna Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav, J.
Heard Sri Kamal Krishna Senior Advocate assisted by Sri Shyamal
Prayagi Advocate, appearing for revisionist and learned A.G.A. for
the State.
Revisionist, Saddam Hussain was declared juvenile by Principal
Judge, Juvenile Justice Board, Bareilly, vide order dated
28.3.2009. On perusal of the said order, it transpires that date of
occurrence is 12.2.2009 and date of birth of revisionist is 2.7.1994.
Conclusion arrived at by Principal Judge on the basis of
documentary educational certificate is that on the date of
occurrence, age of revisionist was 14 years 7 months and 10 days.
The order dated 28.3.2009 passed by Principal Judge, has not been
challenged in any court. Subsequently, bail of revisionist was
rejected on 15.4.2009.
Ground for rejecting bail of revisionist is only that there is
likelihood of juvenile to come in contact with undesirable
elements, which may adversely effect his upbringing but no reason
has been mentioned in the order on the basis of which, said finding
has been recorded.
Taking into consideration the entire facts and circumstances of the
case, I am of the considered view that the entire purpose of
enactment of Juvenile Justice Act, 2000 stands frustrated, if
revisionist who is a juvenile and has no criminal antecedent, is
allowed to remain in jail with under trials and general convicts. No
doubt, he is an accused for offences under Sections 376 I.P.C. and
3 (1) (12) SC/ST Act. This alone is not sufficient to leave the
juvenile to languish in jail.
In the circumstances, I am of the view that revisionist should be
released on bail subject to furnishing an undertaking on an
affidavit by his father/guardian before Chief Judicial Magistrate
concerned stating therein that;
(i) He will take care and ensure for good behaviour of his son and
also ascertain that revisionist is not in bad company.
(ii) He shall ensure that his son is not involved in any other
criminal case during period of release.
(iii) He shall report in the first week of every month before Chief
Judicial Magistrate concerned regarding progress of revisionist and
his involvement in any other criminal case.
If such an undertaking is filed, the Magistrate concerned shall
release revisionist Saddam Husain son of Sajjad Khan involved in
case crime no.65 of 2009 under Sections 376 I.P.C. and 3 (1) (12)
SC/ST Act, Police Station Nigohi, District Shahjahanpur, on bail
on his executing a personal bond and furnishing two sureties each
in the like amount to his satisfaction.
Learned Chief Judicial Magistrate shall ensure that
guardian/parents of revisionist adheres to the aforesaid conditions
otherwise appropriate steps may be taken to ensure his presence.
In view of what has been stated above, order dated 10.12.2009
passed by Additional Sessions Judge, court no.1, Bareilly, is
quashed. The instant revision is allowed.
Order Date :- 21.1.2010
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