Six days later, on February 10, the JJB granted the 17-year-old interim bail to enable him to appear for his Class 10 board examinations.
The Juvenile Justice Board (JJB), before which a 17-year-old boy appeared a day after he allegedly drove a speeding Mahindra Scorpio that killed 23-year-old biker Sahil Dhaneshra in Dwarka, observed that the minor “appeared to show no remorse” and “did not understand the preciousness of taking a life,” showed the board’s order accessed by HT.
“Upon enquiry from the CCL [child in conflict with law, the 17-year-old], it appears that he does not understand the preciousness of life of a person and is not remorseful towards his act,” the JJB noted in its February 4 order. The minor was subsequently sent to an observation home for “rehabilitation and appropriate counselling” and for his “safety and security”, according to the order.
Six days later, on February 10, the JJB granted the 17-year-old interim bail to enable him to appear for his Class 10 board examinations, directing him to surrender on March 9 after completion of the exams. The relief came in response to a plea by the juvenile’s counsel, who argued that the boy was “unable to study” in a conducive environment at the observation home.
Principal magistrate Chitranshi Arora observed that the board was conscious of the juvenile’s status as a Class 10 student and that his academic future ought not to be prejudiced. “The need for immediate academic preparation and the continuity of studies constitutes a relevant consideration under the rehabilitative and reformative object of the JJ Act,” the board held.
As an interim arrangement, the juvenile was permitted to remain in his father’s custody upon furnishing a personal bond of ₹10,000 with one surety of the like amount, valid until the next hearing on March 9.
The board, however, imposed several conditions, including that the father ensure the juvenile’s presence before the board whenever directed, that the minor not come into conflict with law during the interim period, and that the time granted be utilised strictly for academic preparation.
The order also clarified that the arrangement was “purely temporary and interim in nature” and would not be treated as a precedent. The father has been directed to appear with his son on March 9, when the regular bail plea will be heard.
The incident occurred on February 3 when Sahil Dhaneshra was travelling on his two-wheeler. Police allege that a speeding SUV with the teenager at the wheel struck him and then rammed into a parked cab, critically injuring its driver. The minor, who did not possess a driving licence, was apprehended and sent to an observation home. Police registered a case under provisions of the Bharatiya Nyaya Sanhita (BNS) dealing with rash and negligent driving, causing death by negligence, and endangering human life. The juvenile’s father has been bound down by police.
In his bail plea, the 17-year-old described himself as a student with a “remarkable academic record” and claimed he was being falsely implicated.
The plea stated the incident was “purely accidental” with no intention or mens rea to cause injury or death. It contended that the accident occurred on a single-lane road and that the juvenile stepped out immediately after the crash and “attempted to assist the victim”.
