Legal provisions involved: Sections 101 & 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Section 12 of the JJ Act (rehabilitation of juveniles)
Judgement by: Supreme Court of India
Judge/Bench: Justice Manoj Misra & Justice Joymalya Bagchi
Facts
A juvenile had applied for bail after the investigation in his case was completed. His first bail application was rejected, and the High Court also rejected a revision, saying a second revision could not be filed. Meanwhile, his co-accused, also a juvenile, was granted bail.
Key legal provisions
- Sections 101 & 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015
- Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015
Issues raised
- Whether a second bail application can be filed; whether the time spent in detention can be considered a fresh ground?
- Whether the High Court was correct in rejecting the bail without looking at the juvenile’s rehabilitation and circumstances.
Arguments of the case
The juvenile argued that the second bail should be allowed since the investigation was over and the co-accused had already been released. The State argued that a second revision was not allowed.
Judgement
The Supreme Court said that a second bail application is allowed if there are new grounds, like longer detention. Bail should have been considered after investigation, keeping the juvenile’s rehabilitation in mind. The court allowed the appeal and ordered the juvenile’s release on bail.
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