The Punjab and Haryana High Court has ruled that the allegations of involvement in a heinous crime should not be an impediment in granting bail to a minor.
The high court bench of Justice Sudip Ahluwalia observed that the primary reason for denying bail to a juvenile/child in conflict with the law is the possibility of their coming into contact, or being brought into association, with any known criminal.
The bench observed, “There is nothing in Section 12(1) of the Juvenile Justice Act to indicate that entitlement of a juvenile for bail is to be curtailed simply because the offence for which they are charged with happens to be ‘henious’. The idea of justice would be defeated if such entitlement is disregarded simply because of the applicability of any henious offences in a given case when the legislation does not contemplate that such offences are to be treated in a different manner in Section 12(1) of the Juvenile Justice Act.”
The bench set aside an order of an SBS Nagar court which had upheld the order of the district juvenile justice board, denying bail to a minor accused in a murder case registered in March last year.
The trial court had observed that “there is danger to physical, mental and psychological safety of the minor” and it was better to keep him in the safe confines of a protection home. “If those who commit a heinous crime like murder are granted bail, the conscience of society will be shocked,” it had said.
{{/usCountry}}The trial court had observed that “there is danger to physical, mental and psychological safety of the minor” and it was better to keep him in the safe confines of a protection home. “If those who commit a heinous crime like murder are granted bail, the conscience of society will be shocked,” it had said.
{{/usCountry}}The HC said the reasoning given by the trial court in denying bail was not in consonance with the basic objective behind the special legislation contained in the Juvenile Justice Act, particularly when the minor is in confinement in the protection home for almost a year.
The court also took note of submissions from the state government that two other accused, who are major now, are in custody and so there is little chance of the minor being exposed to their association if released on bail.