Statutory Rights of Bail under Juvenile Justice System Act, 2018 | Adv Sharafat Ali Chaudhry

Описание: Statutory rights of bail for Juveniles under the Juvenile Justice System Act, 2018

JJSA, section 6 (3)(5) “Release of a juvenile on bail,

(3) Where a juvenile is arrested or detained for commission of a minor or a major offence for the purposes of this Act, he shall be treated as if he was accused of commission of a bailable offence.

(5) Where the Juvenile Court is of the opinion that the delay in the trial of a juvenile has not been occasioned by an act or omission of such juvenile or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, such juvenile shall be released on bail if he has been detained for a continuous period exceeding six months and whose trial has not been completed.”

The Supreme Court Judgement:

“There was no evidence on record indicating that the delay in concluding the trial was caused by any act or omission of the petitioner---Therefore, the prerequisites of Section 6(5) of the 2018 Act were fulfilled, which entitled the petitioner to the grant of post-arrest bail as a matter of right on the statutory ground of delay in the conclusion of the trial…” P L D 2024 Supreme Court 843

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