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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Tejas Shamsunder Shinde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. incident details and background (Para 2) |
| 2. details of the victim's condition (Para 3) |
| 3. applicant's actions before incident (Para 4 , 5) |
| 4. details of the altercation (Para 6) |
| 5. confession and aftermath (Para 8) |
| 6. prosecution's objections (Para 9) |
| 7. defense's arguments (Para 10 , 11 , 12) |
| 8. court's consideration of facts (Para 13 , 14) |
| 9. court's reasoning on provocation (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 10. bail granted with conditions (Para 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
1. Heard Ms. Pai, learned Advocate for Applicant and Ms.Ganapathy, learned APP for Respondent – the State of Maharashtra.
3. The victim in the present case is the Applicant’s own father who was about 69 years old on the date of the incident. The incident happened on 22.02.2023 at about 05:00 p.m. in the evening. Record shows that the victim was unwell and bed-ridden. Seldom he used to get up from his bed for his ablutions and he would require care and support even for passing urine. A urine pot is present in the house and admittedly victim’s wife and Applicant both being his immediate and close family members used to aid and assist the victim for the same.
5. The mot
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 rehabilitation over punishment for young offenders, allowing bail to promote education and prevent recidivism.
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.
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....
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
The court emphasized that the seriousness of the offence cannot solely justify denial of bail for a child in conflict with law, prioritizing rehabilitation and accurate reporting by the Probation Off....
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