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Samedi 26 Septembre 2020

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Punjab and Haryana High Court takes divergent views on pre-arrest bail to juvenile

Tuesday 28th of July 2020 | National, Inde
Tribune India
Nouvelle

The Punjab and Haryana High Court, it seems, has been taking divergent views on grant of pre-arrest bail to a juvenile. While the Bench has, in some cases, held that pre-arrest bail plea by a juvenile is not maintainable, the High Court has, in its latest judgment, ruled that the legislature has no intention of debarring a juvenile from seeking relief.

Justice HS Madaan was hearing a pre-arrest bail petition by a minor through his mother against Haryana. The question was whether there was a specific bar on the filing of pre-arrest bail plea under the Juvenile Justice (Care and Protection of Children) Act.

The petitioner’s counsel stated that the High Court had, in some cases, taken the view that pre-arrest bail plea by a juvenile was not maintainable and such judgments were mentioned in an order passed by the Sirsa Additional Sessions Judge. The High Court had been granting relief thereafter. In an attempt to buttress his contentions, the counsel quoted at least four judgments.

The complainant’s counsel referred to more than seven judgments to contend that it was not maintainable, a stand supported by the state counsel. Holding the petition to be maintainable, Justice Madaan asserted that the Act was a piece of social welfare legislation enacted to take care of children’s welfare and to prevent them from turning into hardened criminals.

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