Arrested as minors accused can file for bail with JJB even when adult

Team SoOLEGAL 3 Sep 2020 5:05pm

Arrested as minors accused can file for bail with JJB even when adult

Punjab & Haryana High Court has declared that bail plea of any child accused can be heard by Juvenile Justice Board even if the child accused is now a major. The Court has held that at the time of the arrest if the accused was a minor child, then he has a right to tried in Juvenile Justice Board for bail application.

A murder case was registered at Maulikagaran police station. The complainant had said to the police that he saw 4 people were fighting among themselves and they were having guns. When the police reached to the spot they saw a man was seriously injured. After recovering, on identification of that man the police officials arrested 2 accused and they were both below the age of 16.

In the specific case of murder that the court heard, both defendants were given the privilege of being charged as a child at the time of arrest. The murder was registered with the Chandigarh Maulikagaran Police Station. Afterwards, the JJB termed both the defendants as adult and referred the matter to the Children's Court for a hearing. The Board ordered that the trial of the two defendants should be taken to the Children's Court. An appeal for bail was also lodged on behalf of each of the defendants, which was denied by the Children's Court.

Being aggrieved, an appeal was filed in Punjab and Haryana High Court, and according to the accused, they were minors at the time arrest and as a result Juvenile Justice Board should be able to hear the bail petition.

The High Court held that the appeal for bail should be heard by the Board even though the trial was conducted by the Children's Court. At the time of their conviction, the accused were minors and so the board should hold a hearing on their bail.

Tagged: Punjab & Haryana High Court   Juvenile Justice Board   Children's Court   High Court   JJB  
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