The Juvenile Justice Act mandates that a child released on bail cannot be detained in an Observation Home, and any such detention is illegal and beyond jurisdiction.

ORDER

1] The CCL is released on bail on executing his personal bond and surety bond of Rs. 7,500/- [Seven Thousand Five Hundred Rupeesl with following conditions.

i] The parent of CCL shall take care of the CCL. They should taken care that, the CCL will never involve in the offences in like nature in future.

2] The parent of CCL is directed to keep the CCL present before the board as and when his presence is required.

3] The parent of CCL is directed to keep away from joining any bad company.

4] CCL will visit R.T.O office and study all the rules and regulations and prepare presentation and submit same to Juvenile Justice Board Within 15 days and CCL will write essay of 300 words on topic in effect of road accident and their solution.

5] CCL will assist R.T.O. officer and Practice and study traffic rules for 15 days and submit report same of Juvenile Justice Board.

6] Refer CCL to muktagaon for external deaddiction Counseling after counseling report submit to the Juvenile Justice Board

7] Consult CCL to psychology and psychiatrist doctor of sasson Hospital, Pune and submit reports to Juvenile Justice Board, Pune within 15 days.

Date :- 19/05/2024 ( Signature)

Principal Magistrate, Juvenile Justice Board, Pune (Dr.L.N. Danwade) (Smt.K.T. Thorat)

Member I Member II Juvenile Justice Board, Pune. Juvenile Justice Board, Pune.”

5] The above order passed under Section 12(1) is in consonance with Section 6 of the Act of 2015, which prescribe the procedure to be followed by the Board and since the Board was satisfied that the child alleged to be in conflict with law, who was accused of an offence was apprehended and produced before it, deserve his release on bail, subject to the conditions stipulated therein.

6] Before the ink on the said order could dry, on 21.05.2024, an application under Section 104 of the Act of 2015 was filed, subsequent to insertion of Section 304 of IPC in the subject CR, premised on the basis that the CCL driving the car was not armed with requisite license for driving the car and he was heavily under the influence of liquor.

It was also alleged that he was driving the vehicle in violation of the traffic rules, with breath necking speed, under the influence of liquor and hence it galloped and hit the Bajaj Pulsar, which was being pillion ridden and thus is responsible for death of two persons.

By referring to the order passed by the Board on 19.05.2024, the Application proceed to state that the act of the CCL was intentional, as after consuming liquor he continued to drive his four wheeler in a reckless manner and he ought to have been aware of the consequences and hence by this act, he indulged himself in a brutal act, of taking two innocent lives. A request was, therefore, made to review the order dated 19.05.2024 in the wake of the material collected, reflecting that the CCL had consumed the liquor with his friends in large quantity and he was under its influence and this was revealed from the CCTV footage of the hotels, where he had visited and consumed the liquor for two and half hours and also indulged in smoking. On collecting the CCTV footage of the crash, where the public attempted to assault him and since there were eye witnesses to the incident, and there was huge anger in the public at large, concern was expressed about his safety.

7] This application resulted in an order being passed by the Board on 22.05.2024 to which Member I Juvenile Justice Board, Pune is also a signatory alongwith the Principal Magistrate and Member II. The order make reference to the earlier order passed by the Board on production of the CCL and reason for exercising the power under Section 104, assuming to be a power of review is based on the following observation :

“2 On perusal of record, it appears that no case diary was produced before the Board at the lime of production. The Medical Report of the Sassoon Hospital states something different than, the production report and the social background report produced by the Investigating Office