Whether court can postpone deciding application for releasing juvenile on bail on ground that report of probation officer is not received?
in a case where bail is mandatory under Section 12 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?the
Act?), the learned counsel for the petitioner submitted that the bail
application of the juvenile is not being considered on the same day of
appearance, as the Juvenile Justice Board wants the report of the Probation
Officer before the grant of bail and that compels the minor to stay in
Observation Home which the petitioner wants to avoid. Under such
circumstances, this application for direction is taken up.
Section 12 of the Act does not contemplate obtaining of report of
the Probation Officer before the grant of bail. If the Juvenile Justice Board
is not granting bail, the alterative option open to the Juvenile Justice
Board is to place the Juvenile under the supervision of a Probation Officer.
6.Bail can be refused under the proviso to Section 12 of the Act, only
if the release is likely to bring the juvenile into the association with any
known criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice. In other circumstances,
so far juveniles are concerned, grant of bail is the rule and non grant of
bail is only an exception.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2016
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA
Crl.O.P.(MD).No.14115 of 2016
Vigneshwaran @ Vignesh Ram
-Vs-
State rep. by
The Inspector of Police,
https://www.lawweb.in/2016/08/whether-court-can-postpone-deciding.html
