Court Orders Release of Juvenile on Bail, Emphasizes Rehabilitation and Monitoring by Probation Officer
In a significant legal development, the Gujarat High Court has granted bail to a juvenile involved in a legal conflict, following a settlement between the parties involved. The case, titled "Minor Yogeshbhai Dineshbhai Sareriya v. State of Gujarat," was presided over by Justice P.M. Raval. The court ordered the release of the juvenile on a bail bond of Rs. 5,000, entrusted to the surety of his father, highlighting the principles of juvenile justice, rehabilitation, and family responsibility.
The juvenile, represented by advocate Devangi B Solanki, had previously been denied bail by both the Juvenile Justice Board and the first Appellate Court. However, the High Court took a different stance, emphasizing the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which mandates the release of juveniles on bail unless specific exceptions apply.
During the hearing, it was noted that both the accused and the victim are minors, and the case stemmed from a love affair. The court acknowledged the out-of-court settlement reached between the parties, with the original complainant expressing no objection to the juvenile's release on bail. The court also considered the Probation Officer's report, which showed no adverse findings against the juvenile, and emphasized the principles of presumption of innocence, dignity, and the best interest of the child.
The High Court's decision aligns with a previous ruling by the Supreme Court in "Juvenile in conflict with Law v. State of Rajasthan," which underscores the necessity of releasing juveniles on bail unless exceptional circumstances exist.
In addition to granting bail, the court directed the Probation Officer to monitor the juvenile's conduct and submit quarterly reports to the appellate court until the trial concludes. The court also recommended therapy and psychiatric support if deemed necessary for behavior modification.
This judgment reinforces the legal framework that prioritizes rehabilitation and reintegration of juveniles into society while ensuring their safety and well-being. The case underscores the judiciary's commitment to upholding juvenile justice principles and the importance of safeguarding the rights and interests of minors in conflict with the law.
Bottom Line:
Juvenile Justice Act - Juvenile in conflict with law entitled to bail under Section 12 unless exceptions under the proviso to Section 12(1) apply.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 12, Bharatiya Nyaya Sanhita, 2023 Sections 63(A), 64(1)(2)(i)(m), 78(1)(i), 79, 351(2), 54, Protection of Children from Sexual Offences Act, 2012 Sections 3(A), 5(L), 6, 12, 16, 17.
Minor Yogeshbhai Dineshbhai Sareriya v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2833302
