Jagarnath Chaubey vs Emperor

Ross, J.—This is an application on behalf of one Jagarnath Chaubey a boy of 14 1/2 years who was sentenced to six months rigorous imprisonment on conviction of an offence u/s 411 of the Indian Penal Code and whom the Additional District Magistrate ordered to be detained in a Reformatory School for 3 1/2 years instead of being imprisoned. It is contended that in view of the youth of the accused he ought to have been dealt with u/s 31 of the Reformatory Schools Act. The sentence of six months'' rigorous imprisonment on a youthful first offender in a case of this kind appears to me to have been improper and, therefore, this Court has jurisdiction to alter the order for detention in a Reformatory School Sheikh Reasut v. Caurteney 5 C.W.N. 211]. I do not think that the case is one in which it would be proper that the boy should be discharged after admonition. But if the parent or the guardian or the nearest adult relative of the boy is willing to enter into a bond in Rs. 100 to be responsible for the good behaviour of the youthful offender for a period of twelve months then such a bond will be accepted and the order of detention in the Reformatory School will be set aside. If no bond is given the sentence will stand. The bond should be given to the Additional District Magistrate.