justice..". It
was contended that the clause authorizing detention or
denial of bail on the ground that "it would defeat the ends ... considered a relevant factor for adjudicating the issue of
grant or denial of bail to a child prior to the enactment
further submitted that imposition of such conditions is as good as denial of bail. Mr. Naik further submitted that these are criminal proceedings, independent ... State for the like amount as as good as denial of bail itself. Ultimately, the Apex Court ordered the accused to be released on bail
Shileshbhai Narsinhbhai Barvadiya vs National Investigation Agency on 6 August, 2021
Author: J. B. Pardiwala
learned Special Judge was a bail order passed by the Bombay High
Court granting bail to one Pradeep Dhond in a case on similar
facts ... reference to
the larger bench was hardly a reason justifying denial of bail to
the appellant indefinitely. In this regard, Mr. Sharan, pointed
out that
probation
officer or under the care of any fit person. The denial of bail would
consequent into an order sending the juvenile to observation home ... reasons based upon the material brought on record. The
reason for denial of bail for the juvenile cannot be imaginary. It appears
from the above
granting or refusing bail:
(i) The Court has to presume innocence of the accused
while considering a bail application.
(ii) Denial of bail amounts ... trial. The object of detention can never be
punishment and, therefore, denial of bail would
amount to deprivation of personal liberty, which
Page
papers that she was in love with
the Applicant. Moreover, denial of bail to the Applicant would amount
to pre-trial conviction, which ... facie need to indicate reasons particularly
in cases of grant or denial of bail where the accused is charged
with a serious offence. The sound
would not be
applicable on the issue of grant or denial of
bail to a child alleged to have committed
bailable or non-bailable offence ... applicable on the
issue of grant or denial of bail to
a child alleged to have committed
bailable or non-bailable offence
considered a relevant factor for adjudicating the
issue of grant or denial of bail to a child prior to
the enactment ... reasons for denying
the bail. It would mean that ordinarily the bail is to
be allowed to a juvenile. The denial being exceptional
on certain
would not be
applicable on the issue of grant or denial of bail to a
child alleged to have committed bailable or non-
bailable offence ... reasons
for denying the bail. It would mean that
ordinarily the bail is to be allowed to a
juvenile. The denial being exceptional on
certain
