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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURYA PARTAP SINGH
xxxx – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. initial factual background of the case. (Para 2 , 3) |
| 2. arguments for and against the bail application. (Para 5 , 6 , 8) |
| 3. court's evaluation of the grounds for bail denial. (Para 10 , 11 , 12) |
| 4. conclusion and remedial action ordered by the court. (Para 14) |
JUDGMENT :
SURYA PARTAP SINGH, J.
An application seeking for bail, moved by the revisionist- petitioner, who is a child-in-conflict-with-law, hereinafter being referred as petitioner only, has been dismissed by the learned Juvenile Justice Board Panipat. The appeal preferred by he petitioner against the order of Juvenile Justice Board has failed to find favour of learned Court of Additional Sessions Judge. Thus, aggrieved of both the above mentioned orders this revision petition has been preferred.
2. Shorn of unnecessary details the facts emerging from record are that the FIR No.375 dated 02.10.2023, under Sections 302, 201, 365, 34 IPC and Section 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station, Sector 13-17, Panipat, came into being in view of a complaint submitted by Rajpal, who stated that his son, was namely Saurabh Nagpal, had left home at 12.00 P.
Juveniles in conflict with the law have a right to bail unless specific legal grounds justify denial, which were not met in this case.
The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking i....
The seriousness of the offence alone cannot justify denying bail to a juvenile under the Juvenile Justice Act. The grounds for denying bail should be based on specific risks outlined in the Act.
The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and ....
The main legal point established is that bail to a child in conflict with the law is a rule, and denial is an exception, as per the Juvenile Justice Act.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
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