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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Ashish Kumar, son of Dharmendra Mehta – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
SANJAY PRASAD, J.
The present Criminal Revision No. 1067 of 2024 has been filed on behalf of the juvenile-petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 challenging the judgment dated 27.07.2024 passed by learned Additional Sessions Judge-I-cum-Children’s Court, Hazaribagh in Criminal Appeal No. 41 of 2024 whereby learned Additional Sessions Judge-I-cum-Children’s Court, Hazaribagh has dismissed the appeal and rejected the prayer for bail of the juvenile- petitioner and affirmed the order dated 10.06.2024 passed by the learned Principal Magistrate and the Members of Juvenile Justice Board, Hazaribag in connection with Barhi P. S. Case No. 94 of 2024 instituted for the offences under Sections 302 and 201 of the Indian Penal Code, by which prayer for bail of the juvenile-petitioner was rejected.
2. Heard learned counsel for the juvenile-petitioner and learned counsel for the State.
3. It is submitted by the learned counsel for the juvenile-petitioner that the judgment and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the law. It is submitted that the petitioner is a juvenile and has been fa
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
The court emphasized that a juvenile petitioner should be granted bail if a co-accused in the same circumstances is granted bail, reflecting principles of fairness and equality in judicial treatment.
The court emphasized the importance of a juvenile's social investigation report and the duration of custody in bail decisions, granting bail based on the absence of adverse findings.
Bail to juveniles under JJ Act Section 12 is rule; denial only on three specific grounds, not offence seriousness or age, emphasizing rehabilitation over punishment.
Juveniles accused of serious crimes are entitled to favorable consideration for bail under the Juvenile Justice Act, reflecting their minor status and the necessity for a lenient approach.
The court affirmed that substantial evidence, including confessions and witness testimonies, justified the denial of bail for a juvenile accused of murder, emphasizing the importance of maintaining i....
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
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