Via PTI
MUMBAI: Simply as a result of a juvenile is directed to be attempted as an grownup in a case does no longer imply she or he may also be denied the good thing about provisions of the Juvenile Justice (Care and Coverage of Youngsters) Act, the Bombay Prime Court docket mentioned whilst granting bail to an adolescent in a homicide case.
A unmarried bench of Justice Bharati Dangre on October 21 granted bail to an adolescent arrested in 2020 through Borivali police for homicide.
The accused was once 17 years previous on the time of the offence.
The accused sought bail below segment 12 of the Juvenile Justice Act, which states that any kid in battle with regulation must be launched on bail however any provision of the Code of Prison Process and positioned below the supervision of a probation officer or any circle of relatives member.
The accused approached the prime courtroom after a different kids’s courtroom rejected his bail plea at the floor that the Juvenile Justice Board had directed him to be attempted as an grownup within the case and therefore, he may no longer search the good thing about provisions of the Juvenile Justice Act.
The prime courtroom, on the other hand, refused to simply accept this and famous that even though the accused have been ordered to be attempted as an grownup, he was once nonetheless a juvenile.
“Simply as a result of he’s directed to be attempted as an grownup, he can’t be denied the good thing about segment 12 of the Juvenile Justice Act,” Justice Dangre mentioned.
“The Juvenile Justice Act specializes in a idea of presumption of innocence and at the idea of best possible pastime in addition to idea of repatriation and recovery, through distinctive feature of which, the applicant, who’s a juvenile, has a proper to be reunited together with his circle of relatives on the earliest and to be restored in the similar socio-economic and cultural standing that he was once in,” the order mentioned.
The prime courtroom in its order famous that the Juvenile Justice Act was once a really helpful piece of regulation with the target of offering care, coverage, remedy, construction and rehabilitation of left out or antisocial juveniles.
In line with the prosecution, on March 12, 2020, the teenager in conjunction with his buddy stabbed an acquaintance with whom they’d a dispute.
The police hostile his bail plea and argued that on the time of the fee of offence, the accused was once 17 years, 11 months and 24 days previous and was once mentally mature to know the results of his motion.
Justice Dangre additionally relied at the record submitted through the formative years’s probation officer who mentioned that this was once the primary time the accused was once enthusiastic about a prison act and that he was once below the affect of narcotic elements on the time.
The record additional said that the accused was once attending counselling and his father was once in a position to take his custody and make sure his well-being.
“The record of the probation officer has recorded that the kid in battle with regulation (accused formative years) has dedicated the offence below the affect of a drug and in a have compatibility of anger and he had no purpose to kill the sufferer, however his purpose was once simplest to overcome him,” the prime courtroom mentioned in its order.
The teenager had studied until Elegance 10 and was once running to generate profits, it added.
“The probation officer record additionally finds that at the moment he (accused) was once studying carpentry paintings. He’s additionally attending counselling classes. The statement of the probation officer is that the entire behaviour of the kid is spotted to be just right,” the order mentioned.
The courtroom ordered for the teenager to be launched on bail on a private bond of Rs 25,000 and ordered him to report back to the probation officer as soon as each and every two months.
MUMBAI: Simply as a result of a juvenile is directed to be attempted as an grownup in a case does no longer imply she or he may also be denied the good thing about provisions of the Juvenile Justice (Care and Coverage of Youngsters) Act, the Bombay Prime Court docket mentioned whilst granting bail to an adolescent in a homicide case.
A unmarried bench of Justice Bharati Dangre on October 21 granted bail to an adolescent arrested in 2020 through Borivali police for homicide.
The accused was once 17 years previous on the time of the offence.
The accused sought bail below segment 12 of the Juvenile Justice Act, which states that any kid in battle with regulation must be launched on bail however any provision of the Code of Prison Process and positioned below the supervision of a probation officer or any circle of relatives member.
The accused approached the prime courtroom after a different kids’s courtroom rejected his bail plea at the floor that the Juvenile Justice Board had directed him to be attempted as an grownup within the case and therefore, he may no longer search the good thing about provisions of the Juvenile Justice Act.
The prime courtroom, on the other hand, refused to simply accept this and famous that even though the accused have been ordered to be attempted as an grownup, he was once nonetheless a juvenile.
“Simply as a result of he’s directed to be attempted as an grownup, he can’t be denied the good thing about segment 12 of the Juvenile Justice Act,” Justice Dangre mentioned.
“The Juvenile Justice Act specializes in a idea of presumption of innocence and at the idea of best possible pastime in addition to idea of repatriation and recovery, through distinctive feature of which, the applicant, who’s a juvenile, has a proper to be reunited together with his circle of relatives on the earliest and to be restored in the similar socio-economic and cultural standing that he was once in,” the order mentioned.
The prime courtroom in its order famous that the Juvenile Justice Act was once a really helpful piece of regulation with the target of offering care, coverage, remedy, construction and rehabilitation of left out or antisocial juveniles.
In line with the prosecution, on March 12, 2020, the teenager in conjunction with his buddy stabbed an acquaintance with whom they’d a dispute.
The police hostile his bail plea and argued that on the time of the fee of offence, the accused was once 17 years, 11 months and 24 days previous and was once mentally mature to know the results of his motion.
Justice Dangre additionally relied at the record submitted through the formative years’s probation officer who mentioned that this was once the primary time the accused was once enthusiastic about a prison act and that he was once below the affect of narcotic elements on the time.
The record additional said that the accused was once attending counselling and his father was once in a position to take his custody and make sure his well-being.
“The record of the probation officer has recorded that the kid in battle with regulation (accused formative years) has dedicated the offence below the affect of a drug and in a have compatibility of anger and he had no purpose to kill the sufferer, however his purpose was once simplest to overcome him,” the prime courtroom mentioned in its order.
The teenager had studied until Elegance 10 and was once running to generate profits, it added.
“The probation officer record additionally finds that at the moment he (accused) was once studying carpentry paintings. He’s additionally attending counselling classes. The statement of the probation officer is that the entire behaviour of the kid is spotted to be just right,” the order mentioned.
The courtroom ordered for the teenager to be launched on bail on a private bond of Rs 25,000 and ordered him to report back to the probation officer as soon as each and every two months.