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Wednesday, December 02, 2020

Punjab: Juvenile cannot be denied bail on basis of gravity of offence, says HC

The HC thus granted bail to the Juvenile on conditions that the father will take care of the petitioner and make provisions for providing of formal/informal vocational training to him to enable him to secure gainful employment on attaining of majority by him.

Written by Jagpreet Singh Sandhu | Chandigarh | October 24, 2020 12:43:16 am
Punjab NDPS case, Punjab HC, juvenile granted bail, Chandigarh news, Punjab news, Indian express newsIn case of commission of any other offence under the NDPS Act by the petitioner, bail granted to the petitioner shall be liable to be cancelled by the Principal Magistrate, Juvenile Justice Board, Kapurthala, held the HC.

Ruling that ‘bail cannot be denied to a juvenile in conflict with law on the ground of gravity of the offence involved’, the Punjab and Haryana High Court has granted bail to a juvenile held in a NDPS case by Kapurthala police on May 31, 2020.

The bench of Justice Arun Kumar Tyagi, while granting bail to the juvenile, further held: “Bail can be denied to a juvenile in conflict with law only where there appear reasonable grounds for believing that the release of the juvenile in conflict with law on bail is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice”.

The HC bench said that “learned Principal Magistrate, Juvenile Justice Board, Kapurthala merely observed that if the petitioner is released on bail then it will not serve the ends of justice, rather he may fall in the company of anti-social elements and did not mention whether there were reasonable grounds for believing that the release of the petitioner on bail is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger”. The High Court held that just alleged recovery of contraband from possession of the petitioner did not by itself furnish reasonable grounds for such belief.

It added that state has also not produced any material before this court to furnish reasonable grounds to believe that the release of the petitioner on bail would defeat the ends of justice.

The HC thus granted bail to the Juvenile on conditions that the father will take care of the petitioner and make provisions for providing of formal/informal vocational training to him to enable him to secure gainful employment on attaining of majority by him.

It has also been directed to the father of the juvenile to take care that he does not come in association with any known criminal or a person of doubtful character.

Further, the Probation Officer/Child Welfare Officer, Kapurthala will visit the juvenile once every month for ascertaining his well being, counselling and guiding him.

In case of commission of any other offence under the NDPS Act by the petitioner, bail granted to the petitioner shall be liable to be cancelled by the Principal Magistrate, Juvenile Justice Board, Kapurthala, held the HC.

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