The Bombay High Court has said in an order granting bail to a youth in a murder case that because a juvenile is directed to be tried as an adult in a case, it does not mean he or she can be denied the benefit of provisions of the Juvenile Justice (Care and Protection of Children) Act.
The accused was 17-year-old at the time of the offence in 2020. A single bench of Justice Bharati Dangre granted bail on October 21.
The youth had sought bail under a provision of the JJ Act as per which the child in conflict with the law must be released on bail notwithstanding any provision of the Code of Criminal Procedure and placed under the supervision of a probation officer or any family member.
The bail plea of the accused had been rejected by a special children's court earlier. The special court had said in its order that the Juvenile Justice Board had directed that he be tried as an adult and hence, he could not seek the benefit of provisions of the JJ Act.
Regarding this ground, the HC said that though the youth had been ordered to be tried as an adult, he was still 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 said, adding, "The Juvenile Justice Act focuses on a principle of presumption of innocence and on the principle of best interest as well as the 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."
As per the complaint lodged at Borivali police station in March 2020, the youth along with his friend stabbed an acquaintance with whom they had a dispute.
