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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Avinash Ajay Benewal – Appellant
Versus
The State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. incident details and apprehension (Para 4) |
| 2. opposition to bail application (Para 6 , 7 , 11 , 12 , 13) |
| 3. consideration of age and education (Para 8 , 9 , 10) |
| 4. emphasis on rehabilitation (Para 14 , 15 , 16 , 17) |
| 5. bail granted with conditions (Para 18 , 19 , 20 , 21) |
JUDGEMENT :
2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R.No.379 of 2023 registered with Naupada Police Station for the offences punishable under Section 394 read with 34 of the Indian Penal Code, 1860 (for short “IPC”); Section 142 of the Maharashtra Police Act, 1951 and Sections 3(1), (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short “MCOC Act”).
4. On the date of incident First Informant was walking from Thane Railway Station to Teen Hath Naka. As stated in the FIR, he was followed by 4 persons who after sometime intercepted and accosted him. He has stated that he was held by 3 persons and assaulted by a knuckle fighter on his body by one person following which his mobile phone and Rs.1800/- on his person were recovered and snatched by the persons who assaulted him. This incident oc
The court emphasized rehabilitation over punishment for young offenders, allowing bail to promote education and prevent recidivism.
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the applicant's age, educational background, and circumstances of the incident.
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the Applicant's age and circumstances surrounding the incident.
The court emphasized the need for rehabilitation over punishment for young offenders, considering their age and circumstances in bail decisions.
The court emphasized the need for a reformative approach in dealing with young offenders, considering their potential for rehabilitation over punitive measures.
The court emphasized a reformative approach for young offenders, prioritizing rehabilitation over punitive measures, especially in cases involving serious allegations against minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation, particularly in cases involving minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
Pending preliminary assessment, possibility of tampering with evidence, and influencing witnesses are valid reasons for dismissing a bail application, and the custody period and lack of progress in t....
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
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