‘If he goes back to his books, it can reform him’; Bombay HC grants bail to 19-year-old accused in robbery case, gives opportunity to continue education

Bombay High Court: In a bail application filed by a 19-year-old student under Section 439¹ of the Code of Criminal Procedure, 1973 in an FIR registered under Section 394² read with Section 34³ of the Penal Code, 1860, Section 142 of the Maharashtra Police Act, 1951 and Sections 3(1), (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the accused was a young adult who had missed out on his education and regretted his actions. The Court explained that such an accused should be granted an opportunity in order to reform and rehabilitate him, ensuring that he does not become a hardened criminal.

Background

On the date of the incident, the informant was followed by four people. After some time, they intercepted and accosted him and snatched his mobile phone and Rs.1800. Due to the commotion and gathering of people including the nearby patrolling police and traffic police vans, the assailants ran away. However, the accused herein was nabbed by the police when he was trying to escape. Thereafter, he was incarcerated for almost 1.2 years.

Aggrieved, he filed the present application.

Analysis and Decision

The Court noted that the accused was an 18-year-old student in the twelfth standard with no antecedents when he was apprehended. The Court remarked that if the situation was considered in a vacuum, the factors having a bearing in the Court’s mind would be distinct from what they presently were. This was because the accused was at the threshold of his adult life halting his education at this stage and subjecting him to further custody would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality, making him a hardened criminal posing a future perpetual threat to the society. If he goes back to his books, it could reform him. Hence, every semblance of a chance in this direction should be taken by the Court.

In this regard, the Court relied on the case Ishar Das v. State of Punjab (1973) 2 SCC 65, wherein the Supreme Court held that while dealing with a young offender, every attempt should be made to ascertain whether the sentencing disposition could be tailored to promote reformation and rehabilitation of the offender. The Supreme Court also referred to the doctrine of proportionality in this regard.

The Court stated that the present case was also of a young offender who was excluded from the normal educational stream for a period of time, which brought about unpleasant consequences and harm, which was the purpose of the punishment. The Court said, in a case where an offender is undergoing studies, his exclusion from education for a period of time is an added layer of punishment over and above what a non-student accused may be subjected to. This is because a student undergoing incarceration suffers the loss of precious academic time which cannot be bartered for any wealth in the world.

“He also constantly witnesses his peers moving ahead in life compared to him, and when the frustration becomes insurmountable, such frustration can create an emotion of rebellion, which, coupled with the exposure to criminality in prison, can easily gain traction and push him to become a hardened criminal.”

The Court also noted that the accused had admitted the act in his confessional statement and expressed his regret.

Further, the Court remarked that since the accused was a young adult offender, the widely recognized principle of the younger the age, the lesser the culpability would apply. Thus, on prima facie consideration, the Court stated that it was inclined to consider the grant of bail.

Stating that the Court could only attempt to positively impact the life of the person before it, the Court held that the accused should be given a chance to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society.

Thus, the Court allowed the application so that the accused could continue his education in the academic year 2025-2026.

The Court also directed the accused to deposit a personal bail bond of Rs 25,000 with one or two sureties in the like amount. He was also directed to report to the Investigating Officer concerned on the first Sunday of every month for six months in the first instance and thereafter as and when called for by the Investigating Officer.

[Avinash Ajay Benewal v. State of Maharashtra, Criminal Bail Application No. 3276 of 2024, decided on 31-01-2025]

Advocates who appeared in this case :

For the applicant: Ganesh Gole and Ateet Shirodkar

For the respondent: APP Mahalakshmi Ganapathy

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