No application needed for minor's bail, its JJB's call: Court

New Delhi No bail application is required for release of a minor offender and it is the Juvenile Justice Boards discretion to decide how long the child has to be kept in the reform home a Delhi court has said while upholding the bail granted to a youth who had allegedly run over a 32yearold marketing executive with his MercedesThe court said as per the Juvenile Justice Act Care and Protection of Children Act the minors welfare should be kept in mind while dealing with a matter relating to himThe courts observation came while upholding JJBs order granting bail to a teenager who had allegedly killed Siddharth Sharma by running over him with his fathers Mercedes when he was trying to cross a road near Ludlow Castle School in north Delhi on April 4Additional Sessions Judge Arvind Kumar rejected the contention of counsel for victims family and the Delhi Police that the board granted bail to the boy who recently turned major even without any application being filed by himIt is clear from bare reading of Section 12 of the Act that no application is required for release of the child and the discretion lies with the board regarding release of the CCL child in conflict with lawIt is for the board to decide as to how long the child should be kept in the observation home Therefore contentions of counsel for appellant victims family that application for bail is necessary condition for releasing the CCL on bail is without any merit the court saidI do not find any irregularity infirmity or illegality in the JJB order of April 26 There is no merit in the appeal and same is dismissed the judge saidAs per section 12 of the Act any person who is apparently a child and alleged to have committed a bailable or non bailable offence be released on bail with or without surety or be placed under supervision of probation officerIt also provides that such person would not be released if there are reasonable grounds for believing that the release is likely to bring him into association with any criminalWhile upholding the JJBs order the court said it was clear from the scheme of Act that it was for the board to consider how long institutionalised training is necessary for the childIt said the boy has to pursue his education which would have reformative effect and would help him in developing better understanding and his rehabilitationThe court noted that the board has put adequate conditions while granting him bail and had ensured that boy does not take to wheels before attaining majority and before getting driving licenceJJB has said that the boy and his parents would attend counseling sessions as and when required by the psychologist counselor attached with the boardInitially a case under IPC sections 304 A causing death by rash or negligent act 279 driving on a public way so rashly or negligently as to endanger human life and 337 causing hurt by an act which endangers human life was lodged against himThe board had on April 26 granted bail to the youth who had sought the relief to appear in entrance examinations Later on the police booked the juvenile for the alleged offence of culpable homicide not amounting to murder and he was sent to the reform homeThe police had earlier arrested a man who claimed to be the actual driver of the Mercedes at the time of the incident but did a volteface after he got to know the victim was deadThe driver and the boys father who was also arrested earlier were granted bail by the courtThe youth had appeared before a Delhi court to surrender and moved a bail plea which was rejected on the ground that it was a matter of JJB He was then produced before the board