Heard counsel for the revisionist and learned A.G.A. for the State.
The revisionist Dhanush Dhari, has been declared juvenile by the Board vide order dated 25.8.2009. He was taken into custody in case crime no. 351 of 2009 under sections 363, 366, 376 I.P.C. His date of birth is reported to be 7th August 1991 and the Board has conclusively recorded finding that he was less than 18 years on the date of occurrence.
Despite time having been granted, no counter affidavit has been filed till date. It has been brought to my notice that inspite of sending two reminders, counter affidavit could not be filed for want of instructions.
Since the revisionist is detained in jail, I am of the considered view that he being juvenile, should not be allowed to remain in jail with under trials and general convicts. In the circumstances, I am of the view that the revisionist should be released on bail subject to furnishing an undertaking on affidavit by his father/guardian before the Chief Judicial Magistrate concerned, stating therein that (1)he will take care and ensure for the education of the revisionist(2) he shall ensure that he is not involved in any other criminal case during period of release of the revisionist; (3) He shall report in the first week of every month before the Chief Judicial Magistrate regarding his progress and his education and also his involvement in any other criminal case.
If such undertaking is filed, the concerned Magistrate shall release the revisionist on bail on his executing a personal bond and furnishing two sureties each in the like amount to his satisfaction . The learned Chief Judicial Magistrate shall ensure that guardian/parents of the revisionist shall adhere to the aforesaid conditions otherwise appropriate steps may be taken to ensure his presence. The impugned order dated 6.10.2009 is quashed. The revision is allowed.
Order Date :- 4.1.2010 Iss