Constitution of India, 1950
Article 226—Writ—Habeas corpus—Petition filed by paternal aunt of minor accused, who is currently in an observation home, seeking his release—Pune Porsche Car Accident Case—Order of the Juvenile Justice Board directing that the CCL will stay in the Observation Home, at the same time while the bail granted in his favour is in force—Illegal—Remand of the CCL, by three distinct orders passed by the JJB is absolutely illegal as the impugned order, are afflicted with vice of lack of jurisdiction and further orders of remand being passed by the Board, in an absolutely mechanical manner, without considering the most significant and pivotal fact that the CCL continue to be on bail and there is no cancellation or revocation of the order, enlarging him on bail—CCL directed to be released from the Observation Home and impugned orders remanding the CCL to the Observation Home are quashed—Court also direct that the CCL shall continue to be under the supervision of the petitioner, his paternal aunt, who shall ensure the compliance of the necessary directions issued by the Board to assist him to be rehabilitated. [Juvenile Justice (Care and Protection of Children) Act, 2015, Section 39(2) & 104]
[Paras 36 & 40]