Publish Date: | Sat, 05 Mar 2022 05:26 PM (IST)
Gwalior Court News: Gwalior, New Dunia Rep. A single bench of the High Court rejected the bail application of a minor. The court has not treated the correctional home as a jail. Commenting on the petition, he said that in the case diaries that are coming, it is being seen that a 14-year-old boy raped a three-year-old girl. In such a situation, even though the accused has served half of the trial, but he cannot be given the benefit of bail. Will have to stay inside till the trial is over.
A case of rape was registered against a minor at Phuf police station in Bhind district. He was less than 14 years old. Trial is going on against him in the juvenile court. It has been 18 months since he lived in the correctional home. In this regard, he filed a bail petition in the High Court. It was argued on behalf of the petitioner that he has spent 18 months in jail. A child who violates the law can be punished with a maximum sentence of three years. He has served more than half the sentence. Section 436A of CrPC provides that if a person has served half of his sentence, he can be released on bail. The court had appointed a amicus curiae to clarify section 436A. He led the way to the court. Formulated three questions, according to which the legal debate took place. Legal scholars gave different arguments. In the end it was concluded that half the sentence has been served, it is not necessary that he should be released on bail. Bail petition rejected. Now he will have to stay in the correctional home till the completion of the trial.
Answers to these questions
Whether a child in conflict with law completes half of the period of three years in a special home, he should get the benefit of section 436A of CrPC. The court did not consider it necessary to give benefits.
– A child in conflict with law may be treated as an undertrial prisoner. The court did not treat the correctional home as a jail.
Posted By: Hemant Kumar Upadhyay