Reform over punishment, says Mumbai court; grants bail to accused minors

Mumbai: Observing that the object of the Juvenile Justice Act is reformative and not retributive, and that detention of a child is to be resorted to only when the statutory conditions are clearly satisfied, a special court for children on Monday overturned a previous order denying bail to three minors accused of assault. As regards the third exception, "defeat the ends of justice," there is no specific material suggesting that the appellants would influence, threaten witnesses, or tamper with evidence. Mere apprehension based on gravity of offence is insufficient to deny bail," the judge said.The three teenagers, aged between 16 and 17, were allegedly involved in a criminal case registered at Antop Hill police station. During the proceedings, the lawyer for the teenagers argued that for a child in conflict with law, bail is a rule and refusal is an exception. The defence submitted that the seriousness of the crime should not be the deciding factor for bail under the specific provisions of the act. While the prosecution opposed the release due to the gravity of the allegations, the judge noted that the JJB had failed to properly apply the statutory exceptions required to deny liberty to a minor. On reviewing the Social Investigation Report, the court found no evidence that the minors would fall into bad company or face physical or psychological danger if released to their guardians."The object of the Juvenile Justice Act is reformative and not retributive. Detention of a child is to be resorted to only when the statutory conditions are clearly satisfied," the judge said. The release is subject to conditions. The mothers of the teenagers must provide undertakings to ensure proper supervision and counselling. Additionally, the court ordered that the youths remain under the supervision of a Probation Officer for six months and prohibited them from contacting witnesses or leaving the jurisdiction of Mumbai without prior permission.In a separate order, the court made similar observations granting bail to 16-year-old students. The two teenagers 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.