'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies

The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his books."

Justice Milind Jadhav said keeping the accused behind bars would only make him a 'hardened criminal' as he would see his peers progressing in life and he is in jail. 

"The Applicant is at the threshold of his adult life and 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 can reform him. Hence every semblance of a chance in this direction should be taken by the Court," Justice Jadhav observed in the order pronounced on Friday (January 31).

"In view of the above despite vehement objection raised by Ms. Ganapathy, learned APP to consider the antecedents of the co accused, I am inclined to grant bail to the Applicant before me in order to ensure that an opportunity is given to the Applicant to take admission in 12th standard on his release from prison in the next academic year and continue his education. If Applicant is released from jail the avenue will be open for him to take admission in 12th standard in forthcoming academic year 2025-2026," the court added.

The court was hearing a bail application filed by one Avinash Benewal, who was arrested in 2023 for allegedly assaulting a man near Thane station and fleeing with his mobile phone and Rs 1800 cash. His age was 18 years and 4 months at the time of his arrest. It was the prosecution's case that Avinash was working under a 'gang' and thus among other charges, he was also booked under the stringent Maharashtra Control of Organised Crimes Act (MCOCA).

The judge noted that the case before him was of a young offender and thus his exclusion from the normal educational stream for a period of time brings about unpleasant consequences and harm which in any case amongst others is the purpose of any punishment.

It said that what impels the court to pass the order was based on two reasons–first being the age of the applicant when he was apprehended and the second that he was a student at a college in Thane studying in "twelfth standard". 

"The confessional statement when read would show that the Applicant is contrite. He is a young adult offender. He clearly falls in the category of a young adult who has crossed his age of juvenility but is less than 21 years of age at the time when the offence is committed. It is widely recognised that younger the age of the offender, the lesser is its culpability. Therefore having regard to the totality of the circumstances before me at this stage, on prima facie consideration I am inclined to consider the Applicant's case," the judge said. 

Further, the judge explained that 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 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 than 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 judge underscored. 

In his bail order, Justice Jadhav said that he could only make an attempt to positively impact the life of the person before him. "It is on the belief that the Applicant, having once gained the confidence of Court, would make a sincere attempt to reform and rehabilitate himself. Considering the foregoing, I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society," the judge said while granting him bail. 

The bench, therefore, ordered his release on a surety of Rs 25,000.

Appearances:

Advocates Ganesh Gole and Ateet Shirodkar appeared for the Applicant.

Additional Public Prosecutor Mahalakshmi Ganapathy represented the State.

Case Title: Avinash Benewal vs State of Maharashtra (Criminal Bail Application 3276 of 2024)

Citation: 2025 LiveLaw (Bom) 43

Click Here To Read/Download Order