Delhi HC directs release of delinquent juvenile in robbery case

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.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)