In a major decision, the Bombay High Court has declared the remand orders passed by the Juvenile Justice Board in the case of a 17-year-old accused in a drunken driving case as 'illegal'. The court has directed the release of the minor boy, who was kept in a juvenile correctional home in Pune for over a month, into the custody of his paternal aunt. The court also questioned the jurisdiction of the JJB and pointed out that the boy's bail should have not been nullified by the remand orders.
In a significant development, the Bombay High Court has ruled that the remand orders issued by the Juvenile Justice Board (JJB) in the case of a 17-year-old accused in a drunken driving accident are "illegal." The court has ordered the release of the minor, who had been held in a juvenile correctional center in Pune for over a month, into the custody of his paternal aunt.
The court's decision raises questions about the jurisdiction of the JJB and underscores the need for proper procedures in cases involving minors.
<h3>Background of the Case</h3>On July 15, 2023, the minor boy allegedly drove a Porsche car in an intoxicated condition and crashed into a roadside vendor in Pune, killing the vendor and injuring two others. The police arrested the boy and charged him with culpable homicide not amounting to murder, rash driving, and other offenses.
The JJB initially granted the boy bail, but subsequently revoked it and remanded him to a juvenile correctional home. The boy's family then approached the Bombay High Court challenging the JJB's remand orders.
<h3>Court's Decision</h3>The Bombay High Court, after hearing arguments from both sides, ruled that the remand orders passed by the JJB were "illegal." The court held that the JJB had no jurisdiction to revoke the boy's bail and that the remand orders were not in accordance with the law.
The court also questioned the JJB's finding that the boy was a threat to society and that there was a risk of him committing further offenses. The court noted that the boy had no previous criminal record and that he had cooperated with the investigation.
<h3>Release of the Minor</h3>Following the court's order, the minor boy was released from the juvenile correctional home and handed over to the custody of his paternal aunt. The court imposed certain conditions on the boy's release, including that he not leave the country without the court's permission and that he attend counseling sessions as directed by the court.
<h3>Top 5 FAQs</h3><strong>1. Why was the JJB's remand order declared illegal?</strong>
The Bombay High Court ruled that the JJB had no jurisdiction to revoke the boy's bail and that the remand orders were not in accordance with the law.
<strong>2. What was the basis of the JJB's finding that the boy was a threat to society?</strong>
The JJB did not provide any specific reasons for its finding that the boy was a threat to society. The Bombay High Court noted that the boy had no previous criminal record and that he had cooperated with the investigation.
<strong>3. What conditions did the High Court impose on the minor's release?</strong>
The court ordered that the boy not leave the country without the court's permission and that he attend counseling sessions as directed by the court.
<strong>4. What are the potential consequences of the Bombay High Court's decision?</strong>
The decision could have implications for other cases involving minors accused of criminal offenses. It could also lead to a review of the procedures followed by the Juvenile Justice Boards.
<strong>5. What are the next steps in the case?</strong>
The case is likely to continue in the Juvenile Justice Board, where the boy will face trial for the offenses he has been charged with.
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