A special court for children in Mumbai on Monday overturned a previous order that denied bail to three minors accused of assault, emphasizing that the Juvenile Justice Act is reformative rather than retributive. The court stated that detention of a child should only occur when statutory conditions are clearly satisfied.
Court's Observations on Bail
The judge noted that the third exception—'defeat the ends of justice'—lacked specific material suggesting the appellants would influence or threaten witnesses or tamper with evidence. The court remarked that mere apprehension based on the gravity of the offence is insufficient to deny bail.
Background of the Case
The three teenagers, aged between 16 and 17, were allegedly involved in a criminal case registered at Antop Hill police station. During proceedings, the defense argued that for a child in conflict with law, bail is a rule and refusal is an exception. The defense submitted that the seriousness of the crime should not be the deciding factor under the specific provisions of the act.
While the prosecution opposed release due to the gravity of allegations, the judge found that the Juvenile Justice Board had failed to properly apply statutory exceptions required to deny liberty to a minor. A review of the Social Investigation Report revealed no evidence that the minors would fall into bad company or face physical or psychological danger if released to their guardians.
Conditions for Release
The release is subject to several conditions. The mothers of the teenagers must provide undertakings to ensure proper supervision and counselling. The court also ordered that the youths remain under the supervision of a Probation Officer for six months and prohibited them from contacting witnesses or leaving Mumbai's jurisdiction without prior permission.
Separate Order for Two More Minors
In a separate order, the court made similar observations while granting bail to two 16-year-old students. They were allegedly involved in a case registered at Chunabhatti police station involving charges of abetment, causing hurt, and intentional insult under the Bharatiya Nyaya Sanhita and the Maharashtra Police Act.
