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SURESHWAR THAKUR
Child In Conflict With Law `S` – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral) - The present juvenile in conflict with law is alleged in FIR No.86 of 31.12.2021, registered at Police Station Sadar Budhlada, District Mansa to commit offences punishable under Sections 379-B, 427, 511 of the IPC.
2. Though, the juvenile in conflict with law was amenable for his delinquent conduct being inquired into by the Juvenile Justice Board concerned, (hereinafter referred to as "the Board"), but prior to his making his appearance before the Board concerned, especially given the embodyings in the petition FIR, rather cognizable, and, non-bailable offences, thereupon he proceeded to claim the relief of pre-arrest bail, through his moving an apposite application, before the learned Additional Sessions Judge, Mansa.
3. The learned Additional Sessions Judge concerned, made a dis- affirmative order thereon(s). The reason thereof, became grounded in the factum that, the mandate of Section 438 of Cr.P.C., is available to become re-coursed only by an accused apprehending his arrest by the police in respect of non- bailable, and, cognizable offences, and, when Section 12 of the Juvenile Justice (Care and Protection of Children) Act (hereinafter re
The Juvenile Justice Act grants juveniles the right to make a suo motu appearance before the Board and claim bail, regardless of the nature of the alleged offences.
The main legal point established in the judgment is the need to consider the provisions of the Juvenile Justice Act, 2015, particularly Section 15 and 18, in bail applications for children in conflic....
Liberty of a juvenile is the supreme factor, and he or she cannot be deprived of the liberty merely because there is no remedy seeking protection against his or her pre-arrest available under the Act
Petition under Section 438, Cr.P.C. is not maintainable in case of a juvenile.
The main legal point established in the judgment is that bail for a juvenile in conflict with law is a rule under the Act of 2015, and denial of bail is an exception that must be justified based on s....
The preliminary assessment under Section 15 of the Act, 2015 is for the purpose of trial and does not restrict the power of the Juvenile Justice Board to consider bail applications under Section 12 o....
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.
Juveniles in conflict with law can seek anticipatory bail under Section 438 Cr.P.C., as the provisions of the Juvenile Justice Act do not exclude this right.
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