Can’t deny bail to child merely on suspicion of life threat, rules HC

CHANDIGARH : The Punjab and Haryana high court has said that a child in conflict with the law can’t be denied bail merely on the suspicion that he/she could be exposed to physical danger or criminals.

“Mere apprehension of the prosecution without there being any material on record would not be sufficient to decline the prayer for grant of bail,” said the bench of justice Suvir Sehgal taking note of the fact that even if found guilty and convicted, the maximum period that the child can be ordered to spend in a special home under Section 18 (1) (f) of the Juvenile Justice (Care and Protection of Children) Act, 2015, is three years.

The high court bench of justice Suvir Sehgal was hearing a plea from a minor from Rohtak accused in a murder case reported in May 2020.

The court took note of the submissions that his relations with his members, friends, teachers and classmates are cordial. Also, that he is neither a member of any gang nor involved in drug peddling nor does he have any criminal past. The reason for the alleged offence has been given as “peer group influence” and the petitioner appears to be physically fit and mentally sound as reported by his family, the court recorded.

The HC observed that during the course of arguments, the prosecuting agency could neither show nor refer to any material to explain as to how, in this case, he would he be exposed to moral, physical or psychological danger or would come in contact of known criminals.

The court observed that in such matters, the objective behind the statute has to be kept in mind which provides that a child-friendly approach is required to be adopted in the adjudication and disposal of matters in the best interest of children and that the justice delivery system as available for adults is not suitable for being applied to a juvenile or a child in conflict with the law.

It added that grant of bail to a child in conflict with law is a rule and rejection of the same is an exception.

The courts have even gone to the extent of holding that neither the gravity of the offence nor the fact that the co-accused are yet to be apprehended is a ground to reject the prayer, the HC bench said granting bail to the minor.

THE HIGH COURT BENCH WAS HEARING A PLEA FROM A ROHTAK MINOR WHO IS AN ACCUSED IN A MURDER CASE