Juvenile directed to be tried as grownup in a case can search good thing about provisions of JJ Act: Bombay HC 

By PTI

MUMBAI: Merely as a result of a juvenile is directed to be tried as an grownup in a case doesn’t imply she or he might be denied the advantage of provisions of the Juvenile Justice (Care and Protection of Children) Act, the Bombay High Court mentioned whereas granting bail to a teenager in a homicide case.

A single bench of Justice Bharati Dangre on October 21 granted bail to a teenager arrested in 2020 by Borivali police for homicide.

The accused was 17 years outdated on the time of the offence.

The accused sought bail underneath part 12 of the Juvenile Justice Act, which states that any baby in battle with legislation should be launched on bail however any provision of the Code of Criminal Procedure and positioned underneath the supervision of a probation officer or any member of the family.

The accused approached the excessive courtroom after a particular kids’s courtroom rejected his bail plea on the bottom that the Juvenile Justice Board had directed him to be tried as an grownup within the case and therefore, he couldn’t search the advantage of provisions of the Juvenile Justice Act.

The excessive courtroom, nevertheless, refused to simply accept this and famous that although the accused had been ordered to be tried as an grownup, he was nonetheless a juvenile.

“Merely because he is directed to be tried as an adult, he cannot be denied the benefit of section 12 of the Juvenile Justice Act,” Justice Dangre mentioned.

“The Juvenile Justice Act focuses on a principle of presumption of innocence and on the principle of best interest as well as principle of repatriation and restoration, by virtue of which, the applicant, who is a juvenile, has a right to be reunited with his family at the earliest and to be restored in the same socio-economic and cultural status that he was in,” the order mentioned.

The excessive courtroom in its order famous that the Juvenile Justice Act was a helpful piece of laws with the target of offering care, safety, therapy, improvement and rehabilitation of uncared for or delinquent juveniles.

According to the prosecution, on March 12, 2020, the teenager alongside along with his pal stabbed an acquaintance with whom that they had a dispute.

The police opposed his bail plea and argued that on the time of the fee of offence, the accused was 17 years, 11 months and 24 days outdated and was mentally mature to know the implications of his motion.

Justice Dangre additionally relied on the report submitted by the youth’s probation officer who mentioned that this was the primary time the accused was concerned in a prison act and that he was underneath the affect of narcotic substances on the time.

The report additional said that the accused was attending counselling and his father was able to take his custody and guarantee his well-being.

“The report of the probation officer has recorded that the child in conflict with law (accused youth) has committed the offence under the influence of a drug and in a fit of anger and he had no intention to kill the victim, but his intention was only to beat him,” the excessive courtroom mentioned in its order.

The teenager had studied until Class 10 and was working to earn cash, it added.

“The probation officer report also reveals that at present he (accused) was learning carpentry work. He is also attending counselling sessions. The remark of the probation officer is that the overall behaviour of the child is noticed to be good,” the order mentioned.

The courtroom ordered for the teenager to be launched on bail on a private bond of Rs 25,000 and ordered him to report back to the probation officer as soon as each two months.

MUMBAI: Merely as a result of a juvenile is directed to be tried as an grownup in a case doesn’t imply she or he might be denied the advantage of provisions of the Juvenile Justice (Care and Protection of Children) Act, the Bombay High Court mentioned whereas granting bail to a teenager in a homicide case.

A single bench of Justice Bharati Dangre on October 21 granted bail to a teenager arrested in 2020 by Borivali police for homicide.

The accused was 17 years outdated on the time of the offence.

The accused sought bail underneath part 12 of the Juvenile Justice Act, which states that any baby in battle with legislation should be launched on bail however any provision of the Code of Criminal Procedure and positioned underneath the supervision of a probation officer or any member of the family.

The accused approached the excessive courtroom after a particular kids’s courtroom rejected his bail plea on the bottom that the Juvenile Justice Board had directed him to be tried as an grownup within the case and therefore, he couldn’t search the advantage of provisions of the Juvenile Justice Act.

The excessive courtroom, nevertheless, refused to simply accept this and famous that although the accused had been ordered to be tried as an grownup, he was nonetheless a juvenile.

“Merely because he is directed to be tried as an adult, he cannot be denied the benefit of section 12 of the Juvenile Justice Act,” Justice Dangre mentioned.

“The Juvenile Justice Act focuses on a principle of presumption of innocence and on the principle of best interest as well as principle of repatriation and restoration, by virtue of which, the applicant, who is a juvenile, has a right to be reunited with his family at the earliest and to be restored in the same socio-economic and cultural status that he was in,” the order mentioned.

The excessive courtroom in its order famous that the Juvenile Justice Act was a helpful piece of laws with the target of offering care, safety, therapy, improvement and rehabilitation of uncared for or delinquent juveniles.

According to the prosecution, on March 12, 2020, the teenager alongside along with his pal stabbed an acquaintance with whom that they had a dispute.

The police opposed his bail plea and argued that on the time of the fee of offence, the accused was 17 years, 11 months and 24 days outdated and was mentally mature to know the implications of his motion.

Justice Dangre additionally relied on the report submitted by the youth’s probation officer who mentioned that this was the primary time the accused was concerned in a prison act and that he was underneath the affect of narcotic substances on the time.

The report additional said that the accused was attending counselling and his father was able to take his custody and guarantee his well-being.

“The report of the probation officer has recorded that the child in conflict with law (accused youth) has committed the offence under the influence of a drug and in a fit of anger and he had no intention to kill the victim, but his intention was only to beat him,” the excessive courtroom mentioned in its order.

The teenager had studied until Class 10 and was working to earn cash, it added.

“The probation officer report also reveals that at present he (accused) was learning carpentry work. He is also attending counselling sessions. The remark of the probation officer is that the overall behaviour of the child is noticed to be good,” the order mentioned.

The courtroom ordered for the teenager to be launched on bail on a private bond of Rs 25,000 and ordered him to report back to the probation officer as soon as each two months.