A mere apprehension of threat to life not a ground for denying bail: Punjab & Haryana HC while granting bail to a juvenile

Team SoOLEGAL 5 Aug 2020 3:21pm

A mere apprehension of threat to life not a ground for denying bail: Punjab & Haryana HC while granting bail to a juvenile

The High Court of Punjab and Haryana has granted bail to a juvenile and ruled that a mere concern that a juvenile who is in conflict with the law might have a threat to his life is not a ground for denying bail.

The court has stated that if there is any perception of threat towards the juvenile, it is his family’s duty to approach the state regarding his protection from the perceived threat. The court further propounded that if the juvenile is denied bail; in that case he might be exposed to other juveniles who have committed serious offences which could manifest unjust behaviour in the mind of an individual.

The said order has come in a bail plea filed by a 16 year old juvenile. In the month of November 2019, three people including the juvenile were accused in a murder case, it was alleged that they called the victim to a place and then subsequently burnt the victim to death.

To that context the Juvenile Justice Board had denied the bail earlier. The order of JJB was upheld by the District & Sessions Court as well which forced the family to move the HC. The District Court stated that granting bail to the juvenile would impose a life risk on him because of the disputes which arose out through the honour killing.

Justice G.S. Sandhawalia contended that it is a ‘general rule’ for a juvenile to be granted bail. Justice Sandhawalia also stated that the ends of justice would not be served if the juvenile is denied bail. The court thereafter granted bail after noting the fact that the juvenile and his family had no criminal allegations against them in the past.

Tagged: Punjab & Haryana HC   High Court   murder case   Juvenile Justice Board   District & Sessions Court   Justice G.S. Sandhawalia  
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