livelawpk.com - LHC uphold Pre-Arrest Bail granted under Juvenile Act

Lahore High Court Upholds the Pre-Arrest Bail granted under Juvenile Justice System Act

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Lahore High Court Upholds the Pre-Arrest Bail granted under Juvenile Justice System Act

Islamabad 14-05-2024: In a recent ruling, the Lahore High Court, presided over by Mr. Justice Tariq Saleem Sheikh, addressed the eligibility of juveniles for pre-arrest bail under the Juvenile Justice System Act (JJSA) in Pakistan. The case, [Crl. Misc. No. 78015/CB/2023], involved an altercation between Manzoor Ahmad and Muhammad Umar Farooq, wherein Umar Farooq, a juvenile at the time, was accused of inflicting injuries on Manzoor Ahmad.

Manzoor Ahmad alleged that on 28-09-2023, Umar Farooq (juvenile accused) and his associate attacked him, resulting in injuries. Umar Farooq, being a juvenile, applied for pre-arrest bail, which was granted by an Additional Sessions Judge, citing the bailable nature of the offense under the JJSA. The Court delved into the legislative framework, international standards, and judicial precedents to interpret Section 6(3) of the JJSA regarding juvenile bail eligibility. The judgment advocated for a holistic and purposive interpretation of the JJSA, considering its remedial objectives and beneficial aims, as well as international standards emphasizing the best interests of the child. The Court dismissed the petitioner's application, affirming the decision to grant pre-arrest bail to juvenile accused under Section 6(3) of the JJSA.

The ruling clarifies the legal stance on juvenile pre-arrest bail eligibility, ensuring adherence to international standards and domestic legislation aimed at safeguarding the rights and well-being of juvenile offenders within the Pakistani legal system. The Lahore High Court's judgment underscores the importance of upholding juvenile rights and rehabilitation within the criminal justice system, aligning with international standards and domestic legislation to ensure fair treatment and protection of the best interests of the child. This ruling sets a precedent for future cases involving juvenile offenders, providing clarity on the interpretation of relevant laws and emphasizing the paramount consideration of the child's welfare in legal proceedings.