Crl. Misc. No. 78015/CB/ 2023
Manzoor Ahmad Vs Muhammad Umar Farooq etc.
It would be absurd to say that an offence would be considered bailable when a juvenile applies for post-arrest bail and otherwise if he approaches the court for anticipatory bail. In other words, the bail process should not be contingent upon whether a juvenile is seeking post-arrest bail or anticipatory bail because it would introduce an arbitrary distinction that runs counter to the overarching objectives of the JJSA. A juvenile's eligibility for bail should be determined based on the nature of the offence and the specific circumstances of the case rather than the procedural mechanism through which bail is sought.
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