- (1.) Under the administrative order dated 9th January, 2013 passed by the Hon'ble; Chief Justice, this Revision Application has been assigned to this Court. On 22nd January, 2013, this Court directed that the Revision Application shall be fixed for final hearing. By the judgment and order dated 20th December, 2012, this Court disposed of Writ Petition No. 3569 of 2012 filed by one Nitin Babasaheb Mandlik. The said Nitin Babasaheb Mandlik and his two brothers, namely Santosh and Krishna, were prosecuted for the offence punishable under Sections 302, 307 and 326 read with Section 34 of the Indian Penal Code. It is alleged that on 8th/9th April, 1988 when the alleged offence was committed, the said Krishna was a juvenile in conflict with law within the meaning of the provisions of Juvenile Justice (Care and Protection) Act, 2000 (hereinafter referred to as "the said Act"). The said Krishna is hereinafter referred to as "the Juvenile". The case against all the three brothers was committed to the Sessions Court. On 17th January, 2000, the said Juvenile moved an application before the Sessions Court contending that he was a Juvenile in conflict with law. On 27th March, 2000, the learned Sessions Judge allowed the said application and directed that the Juvenile shall be produced before the Juvenile Justice Board on 7th April, 2000. Santosh was released on bail under the order dated 14th February, 2000 passed by this Court. By the judgment and order dated 27th February, 2004, the learned Additional Sessions Judge convicted the said Nitin for the offence punishable under Section 302 of the Indian Penal Code but acquitted him of the charge for the offence punishable under Sections 307 and 326 read with Section 34 of the Indian Penal Code. The other Accused Santosh was acquitted of all the offences alleged against him.
(2.) Writ Petition No. 3569 of 2012 was filed by Nitin for challenging the order dated 8th August, 2012 passed by the State Government by which it was directed that the case of premature release of the said Nitin shall be considered on the said Nitin undergoing imprisonment for 24 years (inclusive of all remissions) subject to condition of maintaining good conduct in the prison and subject to further condition of actually undergoing imprisonment for 14 years. The case of the said Nitin was categorized under Sub-clause (d) of Clause 4 of the Annexure-I to the guidelines dated 15th March, 2010. The said clause is applicable when a murder is committed by more than one person or a group of persons. The submission made on behalf of the said Nitin in his Writ Petition was that as he was the only person convicted in the case, his case will be governed by Sub-clause (b) of Clause 4 of Annexure-I to the said guidelines which applies when a convict commits a murder with premeditation. When the said Writ Petition was heard before this Court, a submission was made by the learned counsel appearing for the said Nitin that as he was the only person convicted, the categorization made by the State was wrong and illegal. During the course of hearing, it was brought to the notice of the concerned Court that on 16th September, 2012, the said Krishna was convicted by the Juvenile Justice Board, Pune, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and he was directed to pay fine of Rs. 1,000/-. He was purportedly released on probation of good conduct. The said order was passed by the Juvenile Justice Board, Pune (for short "the Board") on the basis of plea of guilt recorded of the mother of the Juvenile. Though on the date of passing of the order, the age of the Juvenile was 27 years, his plea was not recorded. When his plea was earlier recorded, he had specifically pleaded not guilty. Therefore, by expressing a view that the order dated 16th September, 2012 passed by the Board is nullity, this Court disposed of the Writ Petition No. 3569 of 2012 by the judgment and order dated 20th December, 2012. While disposing of the Writ Petition, this Court exercised the power under Section 53 of the said Act by entertaining the suo motu revision against the order dated 16th September, 2012 passed by the Board. Accordingly, the Revision Application has been numbered and as stated above, the same has been assigned to this Court.
(3.) At this stage, we may note that in the said Writ Petition, an affidavit was filed by the said Juvenile alleging that his case was placed before the Maria Lok Adalat held on 16th September, 2012. This Court called for the report from the learned Principal District and Sessions Judge, Pune. The report discloses that ho was informed by the Principal Magistrate of the Board that in the Maha Lok Adalat held on 16th September, 2012. 1848 cases were fixed and 1833 cases were disposed of on that day. He has stated in the report that 133 cases were disposed of as the Juvenile in conflict with law pleaded guilty in those cases and in 1700 cases, the orders of closure were passed under Section 258 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code").;