If a person is less than sixteen years of age then by virtue of section 6(3) of the Juvenile Justice System Act, 2018 he should be granted bail as of right and not by way of grace of concession.

A holistic reading of the rekevant sections of the Act of 2018 reflects that a juvenile i.e. (a person less than 18 years of age) accused of a major or minor offence, should be granted bail as of right and not by way of grace or concession unless it appears that there are reasonable grounds for believing that the release of such juvenile may bring him in association with criminals or expose him to any other danger. If the offence for which a juvenile is charged is a heinous offence, the juvenile may be declined bail provided he is more than 16 years of age. I have also noted that sections 6(3) and 6(4) of the Supra mentioned Act have different meanings and purposes. Section 6(4) of the Act Ibid do not have an overlapping effect upon section 6(3) of the Act.

Crl. Misc.-Post-arrest
Bail
261-B-23
MUHAMMAD MANZOOR @ DANI VS
STATE ETC
Mr. Justice Muhammad Tariq Nadeem
07-02-2023
2023 LHC 472