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Madhya Pradesh High Court · body

2015 DIGILAW 327 (MP)

Tejkumar v. State of M. P.

2015-03-23

T.K.KAUSHAL

body2015
ORDER 1. The present revision petition is directed against order dated 26.2.2015 of II Additional Sessions Judge in Criminal Appeal No.89/2015 declining the Sapurdgi of juvenile to his father against whom the case under section 34(2) Excise Act has been registered. 2. Leaned counsel submits that Juvenile has been apprehended by Police along with three co-accused persons on the basis of memorandum of adult co-accused containing allegations of possession of 180 litres bulk liquor in Maruti Van. 3. Learned counsel for petitioner submits that father/petitioner, having no criminal antecedents and is keen and willing to have custody of juvenile with him, so that juvenile can be provided family atmosphere. 4. Learned counsel for the petitioner further submits that even the report of the Probationary Officer indicates that criminal is a God fearing boy having disciplined habits in remand home. 5. Learned counsel for the petitioner further submits that petitioner undertakes to be very protective and caring for the child / juvenile during currency of bail, so that juvenile will get positive atmosphere in house, which is required for his better development. 6. Learned Government Advocate submits that report of Probationary Officer is positive and is in favour of juvenile, however, possibility of juvenile in coming contract with co-accused persons also cannot be ruled out. 7. Learned counsel for the petitioner further submits that father of juvenile undertakes to take proper care of juvenile, so that he will be kept aloof and away from these elements. 8. Considering the aforesaid, the order of revisional Court is set aside because, it was passed in absence of report of Probationary Officer. 9. Petition is allowed in the following terms : Juvenile will be in custody of petitioner/father on his furnishing personal bond of Rs.50,000 (Rupees Fifty Thousand) with one surety of like amount with understanding that Juvenile will participate in depositions of Juvenile Board with sincerity and regularity. 10. Petition stands allowed as indicated above. Ashish Gupta for petitioner; R. S. Chouhan, Government Advocate for respondent/State.