Hon’ble Delhi High Court, on bail under Juvenile Justice Act. In conclusion therefore, this court is of the opinion that:
- Section 482 Cr.P.C. has no application to the matter of grant or denial of bail to a juvenile since there are specific provisions contained in section 12 of the JJ Act, the powers under which section are also available to the High Court;
- Section 439 Cr.P.C. has no application to the issue of grant or denial of bail to a juvenile since, again, a juvenile is to be dealt with by a special statute, namely the JJ Act, which contains a specific provision for bail, namely section 12 of the JJ Act;
- If a juvenile has been denied bail by the JJB and/or the Children’s Court, it is available for the juvenile to file an application before the High Court under section 12 of the JJ Act seeking bail; and it is not necessary that the bail plea be styled as an appeal under section 101(2) of the JJ Act. The words ” …. or otherwise” appearing in 8(2) are wide enough to include any bail proceeding filed before the High Court, whether directly or after having been denied relief by the JJB and/or the Children’s Court; and the High Court is empowered to entertain a bail plea as a proceeding of first instance, without having to treat it as an appellate or revisional proceeding;
- A bail plea filed on behalf of a juvenile must always and only be considered on the criteria and parameters set-out in section 12 of the JJ Act, and the general principles for grant or denial of bail under section 437 or section 439 Cr.P.C. have no application in such a case.
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