ORDER

This first criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short the 'Act'), has been preferred by the applicant being aggrieved by order dated 24.05.2022 passed by the Additional Sessions Judge, Special Court No.10 (Electricity) Sagar, in Cr.A.

No.49/2022 whereby an application submitted under Section 101 of the Act seeking custody of juvenile who has been made accused in Crime No.297/2022 registered at Police Station Motinagar, District Sagar, for the offence punishable under Sections 307, 46, 34 and 302 of the India Penal Code, has been rejected by the Appellate Court.

Learned counsel for the applicant submits that as per the case of prosecution, on 31.03.2022, the juvenile along with other co-accused persons by pouring kerosine oil upon the deceased set him ablaze as a result of which he succumbed. He submits that in fact, the juvenile did nothing, but since at the relevant point of time, he was present on spot, therefore, he has been made accused in the alleged offence. He submits that the juvenile is in the observation home since 03.04.2022. He further submits that the Board and the Appellate Authority have not considered the material aspect that the juvenile has been granted especial privilege under Section 12 of the Act and as such, ignoring the gravity of offence, his custody can be given to his parent. He also submits that the custody of juvenile has been demanded by his mother and there is no reason to presume that if his custody is given to his mother then there will be any possibility that he will involve himself in the antisocial activities. He also submits that as per the report of Probationary Officer which was called by this Court vide order dated 27.06.2022, the juvenile before committing the alleged offence was used to go for work to assist his parents. He submits that the mother of the juvenile assures that if custody of his son is handed over to her, then she will take care of him. On these submissions, he prays that the custody of juvenile may be given to his mother.

On the other hand, learned Panel Lawyer has opposed the prayer made by learned counsel for the applicant and submitted that the report of Probationary Officer is silent about the conduct and behavior of the juvenile and as such, this revision, looking to the nature of offence committed, is liable to be rejected.

Considering the arguments advanced by learned counsel for the parties, on perusal of case diary and in view of the privilege granted to the juvenile as per Section 12 of the Act, I am inclined allow this revision. Therefore, without commenting anything on the merits of the case, this revision is allowed .

Accordingly, order dated 24.05.2022 passed by the Appellate Court in Cr.A.

No.49/2022 is hereby set aside.

Learned Juvenile Board is directed to release the juvenile on bail upon furnishing a personal bond to be executed by his mother in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the trial Court i.e. Juvenile Court which may fix a condition apart from the above, as it deems fit to release the juvenile in the custody of his mother till the disposal of case. The mother of the juvenile is also directed to take proper care by ensuring that the juvenile shall not come in association with any known criminals or expose himself to moral, physical or psychological danger so that his release would not defeat the ends of the justice. In violation of any condition, which is imposed by this Court as well as by the Juvenile Court, this order shall be treated as cancelled and the Juvenile Court would take action as per the law.

With the aforesaid, the criminal revision stand allowed and disposed of .

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish