Gurugram school murder case: Interim bail plea of juvenile accused rejected for fifth time
Unable to get default bail on the ground that there was a delay by CBI in filing the charge sheet, the juvenile, through his father, had moved a regular bail application under Section 12 of the Juvenile Justice Act, on July 24.Updated: Jul 31, 2018 12:19 IST
Hindustan Times, Gurugram
A sessions court, on Monday, rejected the interim bail plea of the 16-year-old boy, accused of murdering an eight-year-old boy in a private school of Gurugram last September. This was the fifth time that bail was denied to the minor in conflict with the law. The class 11 student has been lodged at an observation home in Faridabad since November, when he was apprehended.
On July 20, the Supreme Court had rejected an earlier bail application of the juvenile stating that the CBI had not delayed the filing of a charge sheet. In June, the Punjab and Haryana High Court had rejected a bail petition filed on similar ground. Earlier, the bail plea of the juvenile accused was rejected by the Juvenile Justice Board (JJB) and the sessions court of Gurugram.
Unable to get default bail on the ground that there was a delay by the investigation agency in filing the charge sheet, the juvenile, through his father, had moved a regular bail application under Section 12 of the Juvenile Justice Act, on July 24.
Advocate Satya Paul Gupta and Vishal Gupta, appearing for the juvenile accused said the applicant has no criminal background and that “he was falsely implicated in the case”.
The bail application of the juvenile cannot be opposed simply on the basis of gravity of the offence, especially when his parents are ready to do reformative act on their part for the upliftment of their child, argued lawyers representing the juvenile accused.
The bail application mentioned that parents of the juvenile are ready to abide by any condition imposed by the court for granting bail. “The applicant is a student and his whole educational career is at stake. He cannot be allowed to suffer merely because of the registration of the present case against him,” the application mentioned.
In the application, father of the juvenile expressed concern over his stay at the observation home and stated that his prolonged incarceration with hardened criminals is fraught with danger of him becoming a criminal.
The bail application was opposed by the CBI on ground that default bail application has been rejected by the High Court and the Supreme Court. “Fresh bail application should not be entertained till HC decides the jurisdiction of the case,” the CBI told the court.
The CBI had filed a petition before the High Court for transferring the case from Gurugram court to Special CBI court in Panchkula. A hearing in the case is scheduled for August 17.
Opposing the argument of juvenile seeking bail, the CBI in its reply, mentioned that the JJ Act is meant to treat a child with accused with care and sensitivity offering him a chance to reform and settle into the mainstream of society. But, it added, that the Act cannot be allowed to be “used as a ploy to dupe the course of justice while conducting trail and treatment of heinous offences”.
After hearing the arguments of both sides, additional sessions judge JS Kundu dismissed the bail application and observed that till the High Court decides the jurisdiction of the case, no fresh bail application will be entertained. The court further observed that the juvenile accused can approach the court after a decision is made over the jurisdiction of the case.
First Published: Jul 31, 2018 12:16 IST