Chandigarh: The Punjab High Court and Haryana have rejected the plea of ​​the warranty of small children who allegedly killed class IV students in a private school in the city of Bhondsi from the Gurugram Haryana district in September 2017.
While rejecting the defendant’s plea, named “Bhholu” by the Supreme Court for the Supreme Court The trial, HC observed that there was an opportunity to damage the evidence and affect witnesses in this case.
Justice Avneesh Jhingan refused the appeal submitted by the defendant against the order dated March 22 where the High Court had refused the petition of the bail.
In his defense seeking guarantees, advice for the defendant argued that the custody of the Petitioner had last three years and eleven months, because he was arrested on November 7, 2017.
He argued that if the applicant must be treated as a child in conflict with the law, he has served a maximum sentence which can be given.
“Even if the prayer is considered from the corner that the applicant is treated as an adult, his detention period is substantial, especially because there is no progress in the trial.
There are a total of 127 witnesses of prosecution,” the accused advice has been delivered while looking for guarantees.
Very opposing guarantees, Senior CBI Counsel Sumeet Goel handed over that on this date, the applicant must be treated as an adult to consider the guarantee application.
The drum was conveyed that there were no changes in the circumstances and relying on the contents of the replies submitted before the additional session of the judge, Gurugram where he stated that there was an attempt by the Petitioner and his father to influence not only witnesses but also put pressure on the Principal Judge, Teenal Justice Council (JJB), Gurgaon.
After hearing all parties, HC held the problem about whether the applicant had to be tried as a child in conflict with law or adults under the law was a sub-stitch before the Supreme Court and ordered the status quo to be maintained.
Until now, the applicant must be considered an adult while considering prayer for guarantees.
HC states that the detention period and the fact that no progress in the trial is the relevant factors to consider when determining the guarantee application.
In this case, considering the facts and circumstances in the totality, the detention period and non-progress of the trial cannot be the only land for guarantees.
“There is a complaint submitted by a complainant to influence the witnesses.
The CBI in his reward has been expressly decisively states that the applicant and his father tried to influence witnesses and further Magistrate Principals, JJB, Gurugram pressurized by the Petitioner’s Father and his colleagues to draw His master was April 11, 2019, transferring Master Bhholu to be a safe place in Madhuban …
concerns that there might be an effort to damage the evidence or influence of witnesses in this case could not be said to be unfounded, “observing HC while rejecting the request.
On September 8, 2017, the body of a seven-year-old student was found in the school toilet, with his throat gap.
Initially, this problem was investigated by Haryana police, who had ordered school bus conductors to kill class II students.
However, later the case was referred to the CBI for the probe.
The Premier Agency has arrested students of class XI from the same school for the murder.