Observing that the Juvenile Justice Board didn't have powers to reject the Bail petition of a 15-year-old boy only on grounds that he was previously booked in a murder case and other crimes, a sessions court granted him relief, six months after he was caught in an attempt to murder case. A 23-year-old man, also accused in the case, was granted bail within two months of his arrest in April.
The Sessions Court said that "Merely because there are crimes registered against the appellant [juvenile], itself cannot be ground to reject the bail application, particularly in the circumstances, when the law does not create such bar under Juvenile Justice Act".
The Court said that the only bar to grant bail under the act is if there appear reasonable grounds to believe that the minor's release is likely to bring him in contact with a known criminal or expose him to moral, physical or psychological danger or would defeat end of justice.
The Sessions Court said that "In the present matter, Juvenile Justice Board has not given any reason which appears to it, reasonable ground for believing that release of the appellant [juvenile] will bring him in association of known criminals".
The Sessions Court also referred to a HC Judgement which observed that by use of the word 'known' criminal, the legislature requires the court must know particulars of the criminal with whom the juvenile is likely to be associated.
The alleged incident took place on April 25. The victim, who sustained a knife inflicted wound on his finger told the police that his father was attacked by the adult accused. It was an act of revenge as earlier in the day the father had intervened in a fight the accused was having with a neighbour. The victim said that when he tried to rescue his father, he was also attacked with the knife. He alleged that the juvenile was holding an iron rod & threatened people against intervening. Both father & son were treated at a hospital & an FIR was registered. The adult accused & juvenile were then picked up by the police.
The minor moved Sessions Court through his parents after the board denied his 2nd attempt for bail on Sept 19. The board had observed that he was a "habitual offender".
Source Link
Picture Source :