The District and Sessions Court here on Monday dismissed the bail plea of a juvenile in conflict with the law in the murder case of an eight-year-old boy inside a school premises in 2017, saying that it was “neither maintainable before this court, nor any other ground has been made out to consider such request of granting bail”.
In his order, Additional Sessions Judge Amit Sahrawat observed that the earlier bail applications were dismissed up to the Supreme Court, and the question whether the applicant should be considered as a juvenile or an adult for the purpose of trial was still pending.
Status quo
Mr. Sahrawat said the Supreme Court in its order on November 19, 2018 had directed to maintain status quo and “in such circumstances, this application for bail is not maintainable in any case before this court”.
The applicant’s counsel Sandeep Aneja argued that the juvenile has been in custody since November 7, 2017 without any reason as there was no incriminating evidence in the chargesheet filed by the Central Bureau of Investigation. He also argued that the State government had declined sanction for prosecuting the four officers of Haryana Police, which showed the genuineness of the investigation made by the State police when another person had been booked as an accused in this case.
Administrative action
The Judge, however, observed that denial of sanction was an “administrative action” and may not be taken as a falsification of the entire case.
The complainant’s counsel, Sushil K. Tekriwal, opposing the bail, argued that the applicant was habitually filing bail applications and several such pleas moved earlier by him in different courts were dismissed. CBI prosecutor Amit Jindal said the bail application may not be considered by this court without any change in circumstances.
