Bail petition of a teenager accused murdering his schoolmate.2 min read

By-Shreeya Shukla

The Punjab & Haryana High Court on Tuesday dismissed the bail petition of a teenager accused of slitting the throat of Class 2 student of a private school in Gurugram in September 2017. The court upheld orders passed earlier by the children sessions court & Juvenile Justice Board(JJB) that rejected regular bail applications of the suspect.

A bench comprising of Justice Arvind Singh Sangwan observed in a judgment of 31-page that several witnesses in the case are minor, including the sister of deceased, & therefore the possibility of tampering with the evidence cannot be ruled out. The bench also observed the suspect must be treated as an adult as per the order of the Supreme Court (SC) passed on February 22, 2019, & there is little scope for the court to grant the concession of bail. “The heinous crime has been committed & therefore court is declining the bail(sic),” the order stated.

This was 16th time that the bail was denied to teenaged suspect within the last 28 months. Earlier in May in the year 2019, he was shifted from the observation home in Faridabad to a ‘place of safety’ in Madhuban, Karnal.

The court also stated the delay in trial is attributable to the suspect & that it cannot be the ground on which the bail can be granted.

After hearing the arguments of both sides, judge Arvind Singh Sangwan dismissed the bail application. “The arguments raised by the learned senior counsel for the petitioner that, petitioner is not kept in a congenial atmosphere at the Children’s Home & is facing the medical problem, are not proved from 2 reports of Medical Board stating that petitioner is not facing any of the serious problem or the illness & rather it is noticed that petitioner is gaining the weight (sic),” stated the order.

Sushil Tekriwal, counsel for the father of the victim, said that rejection of bail in the case will make it stronger as well as ensure justice. “Granting bail can hamper case as well as can turn witnesses hostile. The minor witnesses, including the sister of the deceased, are also at the risk if the suspect is granted the bail. This is our major concern as the trial is yet to begin,” he further added.

The father of the victim said they have been demanding the speedy trial but despite the passage of over 2 years, the Central Bureau of Investigation (CBI) has not been able to file a supplementary charge sheet necessary for the trail to begin.

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