The Punjab and Haryana High Court Tuesday dismissed bail plea of a juvenile accused of killing a class II student at prominent Gurgaon school in September 2017. The minor was found with his throat slit inside a washroom at the school.
Justice Arvind Singh Sangwan, in the order, said the court is not inclined to grant any relief to the accused, now 18 years old, in view of the order passed by the Supreme court in February 2019 that he be treated as an ‘adult’ while deciding the bail application.
“Therefore, there is little scope for this court to find out whether the petitioner can be granted the relief under Section 12 of the [Juvenile Justice] Act,” the court said, while referring to the provision for grant of bail to a juvenile.
Haryana Police had earlier arrested a bus conductor for the murder but the CBI later arrested the juvenile, who was then a class XI student at the school. He continues to remain confined to a child Observation Home since November 7, 2017. The trial of the case has been stayed by the Supreme Court in November 2018 in a case pending before it. The accused recently appeared in class XII exams.
The high court, in the order pronounced Tuesday, said the Juvenile Justice Board and the Appellate Court have passed detailed orders declining the concession of bail to the accused and it finds no reason to form a different opinion.
While rejecting his counsel’s argument that he was not in a congenial atmosphere at the Children’s Home and is facing medical problems, the bench said the same, “are not proved from the two reports of the medical board stating that the petitioner is not facing any serious problem/illness and rather it is noticed that the petitioner is gaining weight.”
Observing that the delay in trial cannot be taken as a ground for bail, the court also said the prosecution has cited witnesses, who are minors including the sisters of the victim. “…Therefore, possibility of tampering the evidence, cannot be ruled out, at this stage in view of the totality of circumstances and the affidavit filed by the CBI,” the order reads.
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