Supreme Court Grants Bail to Juvenile Offender on Statutory Ground Due to Trial Delays

Islamabad 27-06-2024: In a landmark decision, the Supreme Court of Pakistan granted bail to a juvenile offender, on the statutory ground of trial delays. This decision overturned the judgment of the Peshawar High Court, which had previously denied the petitioner’s bail.

The petitioner, aged 14 years at the time of the offense, had been accused of serious crimes, including murder and armed robbery, under Sections 302, 324, 392, 427, 201, and 34 of the Pakistan Penal Code, 1860, and Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013. He was arrested on 23 February 2023, and his trial has been pending since then.

Mr. Justice Syed Mansoor Ali Shah, who authored the judgment, highlighted the principles of the Juvenile Justice System Act, 2018, emphasizing the need for a rehabilitative approach over a punitive one for juveniles. The Supreme Court found that the High Court had erred in attributing trial delays to the petitioner, who had sought a determination of his juvenility, a process that should have been initiated by the police.

The Supreme Court underscored that under Section 6(5) of the 2018 Act, a juvenile detained for more than six months without the conclusion of his trial is entitled to bail unless the delay is caused by the juvenile's actions. The Court noted that the delays in this case were not due to the petitioner’s actions but rather procedural issues and the absence of co-accused during the trial.

The ruling reflects a significant affirmation of the Juvenile Justice System's Rehabilitative Intent and the Constitutional Mandate to protect children. The Supreme Court directed the petitioner to be released on bail upon furnishing a bail bond of Rs. 50,000/- with two sureties of the same amount.

This decision reiterates Pakistan's commitment to juvenile rights and the need for timely trials to ensure the welfare and rehabilitation of young offenders.

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