Srinagar, March 02:The Hon’ble High court J&K Srinagar on Thursday upheld Chief Judicial Magistrate Kulgam’s order rejecting bail plea of four juveniles (name withheld).Kulgam Police took the accused juveniles in apprehension 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.
A bench of Hon’ble 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, the bench 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,” court 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.
Underscoring that the CJM has rightly observed that the parents of the juveniles in conflict with the law have lost control over them, the court said, “It is why they have committed such a heinous crime and such type of juveniles in conflict with the law needs proper counseling which can be provided to them in juvenile Home”. In support of his decision, the CJM has relied on the law laid down by Supreme Court in case titled Om Prakash Vs State of Rajashthan & others.
Pertinently in the revision petition, one of the accused had approached the High Court under Section 52 of the Jammu and Kashmir, Juvenile Justice (Care and Protection of Children) Act, 2013.