AFTAB Vs. STATE OF U.P.

JUDGEMENT

(1.) Special leave granted.

(2.) Appellant who was aged about 21 years at the time of occurrence has been convicted for an offence under Sec. 25(l)(a) of the Arms Act and has been sentenced to suffer regorous imprisonment for one year. The submission is that he may be given one more opportunity to rectify his conduct and to be a good citizen. It was submitted that if the conviction is confirmed and he is sent to prison he will be stigmatized and his whole future will be in dark. He was aged about 21 years at the time of occurrence. Before extending to him the benefit of the provision contained in Sec. 360 of the Code of Criminal Procedure, we wanted to satisfy ourselves that the appellant deserves the benefit of a provision which ensures future good behaviour, shows repentance for the present act and an assurance is forthcoming that the appellant will adopt the path of rectitude. In order to collect the bio-data and the background of the appellant from reliable source by our earlier order, we directed the District Magistrate to submit a report about the family background and the past conduct of the appellant. That report has been received. The report was not very flattering to the appellant but the deviations being minor we directed that. the father of the appellant Irshad Ahmad and maternal uncle of the appellant, Abdul Aziz to remain present before this Court so that we can assure ourselves that the appellant will be taken care of by responsible persons. Pursuant to this direction, Irshad Amad, aged about 53 years and Abdul Aziz, aged about 60 years, father and maternal uncle respectively of the the appellant today appeared before us and gave an unconditional undertaking that the appellant will be of good behaviour in future and that they will be personally responsible for the same.

(3.) We direct the appellant, his father Irshad Ahmad and maternal uncle Abdul Aziz to appear before the Chief Judicial Magistrate, Bulandshahr within two weeks from today. The learned Chief Judicial Magistrate after making whatever enquiry he considers proper should satisfy himself whether father Irshad Ahmad and maternal uncle Abdul Aziz would be proper persons to assure that they would take care of the appellant, and keep a continuing supervision over his activities and wean him away from undesirable activity. He should enter into a bond to be of good behaviour with sureties of the father and the maternal uncle and to give a written assurance that they would keep a close watch on the activities of the appellant. The learned Magistrate will submit his report to this Court along with the relevant papers within six weeks from today. Thereafter the question of disposing of the appeal on merits will be examined by this Court. If the report is favourable to the appellant, he would be entitled to the benefit of the provision of Sec. 360 of the Code of Criminal Procedure. The appellant is on bail and shall continue to be on bail.