Excelsior Correspondent
Srinagar, Mar 2: High Court has upheld Chief Judicial Magistrate Kulgam’s order rejecting bail plea of four juveniles.
Kulgam Police apprehended accused juveniles after it registered a case FIR 01/2018 at Police Station Yaripora and started investigation for the offences against them punishable under section 363,376 and 109 RPC.
After the juveniles were produced before the Chief Judicial Magistrate, Kulgam they moved an application seeking bail. The CJM, however, by invoking powers under Section 13(2) of the JJA directed that the accused to be kept in observation home.
Justice Muhammad Yaqoob Mir while upholding the CJM’s order said: “Such juveniles require proper reformation and counseling”. Dismissing the revision petition against the order of CJM, High Court held that the approach adopted by the Magistrate is quite consistent with the object of the Juvenile Justice Act.
“No illegality or impropriety is noticeable so as to persuade this court to exercise powers under Section 52 of the Act in favor of the petitioners, accordingly petition is dismissed,” Justice Mir added.
The court, however, said dismissal of the petition shall not operate as a bar to the Magistrate to consider the release of the accused when circumstances so demand.
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