{"id":231665,"date":"2020-07-02T10:00:28","date_gmt":"2020-07-02T04:30:28","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=231665"},"modified":"2020-07-11T11:04:40","modified_gmt":"2020-07-11T05:34:40","slug":"p-possibility-of-tampering-with-minor-witnesses-reasons-for-which-court-rejected-bail-to-accused-in-gurugram-school-murder-case","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/07\/02\/p-possibility-of-tampering-with-minor-witnesses-reasons-for-which-court-rejected-bail-to-accused-in-gurugram-school-murder-case\/","title":{"rendered":"P&H HC | “Accused being treated as adult; possibility of tampering with minor witnesses”: Reasons for which Court rejected bail to accused in Gurugram School Murder case"},"content":{"rendered":"

Punjab\u00a0and Haryana High Court:\u00a0<\/strong>Arvind Singh Sangwan, J., dismissed the revision petition filed against the rejection of bail to the accused. The revision petition was filed by the juvenile accused of murdering another child in the washroom of a private school in Gurugram.<\/p>\n

Order passed by Principal Magistrate, Juvenile Justice board, Gurugram has been prayed to be set aside which dismissed the application for bail filed by petitioner as well as the Order passed by the Appellate Court, Gurugram.<\/p>\n

Rupinder Khosla, Senior Counsel for the petitioner submitted that on perusal of the Order passed by lower Courts the language used by them does not entitle the petitioner concession of bail as the following was observed:<\/p>\n

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no misplaced sympathy can be shown to a juvenile who has perpetrated the offence like murder.<\/span><\/p><\/blockquote>\n

Further it was argued that, as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 <\/span>a person who is apparently a child alleged to be in conflict with law, be notwithstanding anything contained in the Code of Criminal Procedure, 1973 <\/span>or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person.<\/span><\/p>\n

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Senior counsel for the petitioner has further submitted that in the earlier petition, the CBI has admitted that it has no infrastructure to investigate the case. It is further argued that in the observation home there is overcrowding of children and the petitioner has already lost considerable weight, therefore, the petitioner be released on bail.<\/p>\n

State’s Counsel submitted that as per the statement recorded by the probation officer, petitioner’s attitude towards the class was aggressive, he used to remain upset most of the time as he disclosed this fact to his music teacher; he was short-tempered and shouted over children; a low average student in studies; found under the influence of liquor.<\/p>\n

Further CBI contended that the petitioner has on his own stated in the Supreme Court that he wants his application to be decided as an adult, there will be no applicability of Section 12 of the Act.<\/p>\n

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CBI also argued that proper hygiene condition are maintained in the protection home.<\/p>\n

CBI adding to its contentions has also argued that considering the nature and gravity of the charge, severity of <\/span>punishment in the event of conviction and the danger of accused <\/span>absconding or fleeing, if released on bail; character, behaviour, means, <\/span>position and standing of the accused; likelihood of the offence being <\/span>repeated; reasonable apprehension of the witnesses being tampered <\/span>with and danger of justice being thwarted by grant of bail.<\/span><\/p>\n

Since petitioner has been facing allegation of committing heinous crime of a 7 year old minor child in a very barbaric manner by cutting his throat and then trying to demolish the evidence, no sympathy should be given.<\/p>\n

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Counsel for the complainant has also submitted that it is the petitioner’s side, who is not allowing the trial to conclude as they have challenged every order passed by the Courts below.<\/p>\n

Bench found it appropriate to not grant bail for the following reasons:<\/p>\n

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