Can’t presume juvenile cannot reform just because he has four cases against him: Patna High Court

The court was dealing with the JCL’s revision plea challenging dismissal of his bail application by the district and additional sessions judge-I, Vaishali at Hajipur.

The prosecution had alleged that while riding a bike the JCL had tried to run away after seeing the police. After he was apprehended, it was alleged that a loaded country made katta (crude gun), one live cartridge and a white colour motorcycle without number plate was recovered from the juvenile.

His bail plea before a juvenile justice board was dismissed and the appeal against this order was also dismissed by the additional sessions judge-I, Vaishali at Hajipur.

The counsel for the JCL submitted that the subordinate courts had failed to appreciate the reformatory nature of the juvenile justice act. He pointed out that the sessions court’s observation that the juvenile is ‘incorrigible’ was baseless.

The counsel for the juvenile accused further argued that he was made accused in all the four cases after his arrest in the present case.

On the other hand, the counsel for the state opposed the bail stating the juvenile would join bad company if he is granted bail.

At the outset the court referred to Section 3 (general principles) and Section 12 (bail to a child alleged to be in conflict with law) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The court noted that according to these two provisions, the interest of the child is paramount .

“The cumulative reading of these two provisions makes it amply clear that it is the interest of the child which is paramount and orders of the Court should be towards this end only,” the court said.

The court further noted that the juvenile’s release can be considered if his father undertakes to look after him and not allow him to fall in bad company.

“If the father of the petitioner/child in conflict with law undertakes that he will look after the petitioner and would not allow him to fall in bad company, the release of the petitioner could be considered under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as there are no other hindrances,” court said.

The court, therefore, granted bail to the juvenile while imposing the condition that the juvenile’s father would be one of the bailors and the other bailor would also be his relative with no criminal antecedent.