New Delhi, Dec 22 (PTI) The Delhi High Court on Wednesday directed
the release on bail of a juvenile in conflict with law who, the Delhi
Commission for Protection of Child Rights (DCPCR) alleged, was in
illegal custody.
A bench headed by Justice Vipin Sanghi, while dealing with the
Commission’s habeas corpus petition, directed that the child be released
upon his mother furnishing the requisite bail bond and directed the
state to file a status report.
“Upon the mother of the juvenile furnishing the bail bond (in terms
of the bail order), the child in conflict with law be released today,”
ordered the bench also comprising Justice Jasmeet Singh.
Lawyer Vrinda Grover, appearing for DCPCR, claimed that the child
was granted bail in November but continued to be in custody due to
non-fulfilment of bail conditions.
“I’m from the poorest section of the society. I can’t meet the bail
conditions,” said the lawyer who contended that the bail conditions
should be modified to his benefit.
The counsel appearing for the Delhi State Legal Service Authority
informed the court that the juvenile in question would be released as
his mother was already in the process of tendering a bail bond.
He added that there was a delay in the case on account of a
difference in opinion between the principal magistrate and two social
worker members of the Juvenile Justice Board.
In the petition filed through lawyer Tushar Sannu, DCPCR stated that
the child, aged 16 years, was taken in custody in October for the alleged
offence of robbery under the Indian Penal Code and was granted bail
by the JJB on November 29.
It stated that even after the child could not meet the conditions of the
bail order, his bail conditions were not modified and was once again
sent back to Observation Home in December.
“The child in conflict with Law was to be produced before the
Juvenile Justice Board V (JJB-V) by 05.12.2021 (i.e. within 7 days of order
of bail dated 29.11.2021) for modification of bail conditions. However,
the child was not produced on 5th December, 2021 and was instead
produced before the JJB-V with a further delay of 8 days i.e. on
13.12.2021.
“That on 13.12.2021, upon the child being produced before the
Juvenile Justice Board-V, instead of modification of bail conditions that
could easily be met, the child victim was rather once again sent back to
Observation Home without modifying the conditions of the bail,” the
petition stated.
DCPCR claimed that the Juvenile Justice Act left no scope of
discretion and it was mandatory for the JJB to modify the bail
conditions in favour of the release of the juvenile.
“The Commission being the statutory body for promoting, preserving
and protecting the rights of the children, unwilling to turn blind eye to
this miscarriage of justice, files this petition on the behalf of the child,”
the petition said.
In the petition, DCPCR has prayed for the issuance of “broad
guidelines to be followed when deciding the bail application of a child
in conflict”.
The matter would be heard next on December 24. PTI ADS SMN
SMN