| Bail of juvenile, other rejected in attempt to murder case | | | Early Times Report
Jammu, Nov 26 : Reasi CJM Kamlesh Pandita has rejected the bail application of a juvenile and his accomplice in an attempt to murder case.
Accused Rahul Sharma, son of Madan Lal, and Darshan Kumar, son of Krishan Chand, both residents of Shapanoo, Reasi, had launched a murderous attack on a village woman on November 11, 2016. As per his school certificates, Rahul is a minor. Both are in police custody and stand booked under sections 458, 307 and 34 of RPC.
The matter was brought to the notice of concerned police by the woman's husband. He alleged that the accused forcibly entered their house during the midnight and made a murderous attack on his wife. Rahul attacked his wife with a sharp-edged weapon, but when she raised her hands to save herself, her one hand got chopped off from the wrist joint, he alleged.
Acting on his complaint, police swung into action and apprehended the accused. After hearing both the sides, the judge observed that the accused had prima facie committed a barbaric act by chopping off the hand of the old lady who was struggling for her life in the hospital and whose statement till date had not been recorded.
"Rahul, who is the main accused, appears to be a minor as per his original school certificate produced by his counsel. I am conscious of the fact that the juvenile in conflict with law has the right to bail under section 13 of the Juvenile Justice Care and Protection of child Act 2013 but at the same time, his such right has been curtailed to some extent. His act reflects his bent of mind and latent instinct and I am convinced from the fact and circumstances of the case that his release is likely to bring him into association of other criminals or expose him to moral, physical or physiological danger. I am also convinced that the ends of justice would not be served by releasing the accused at this stage when the lady is struggling for her life. The offence fastened on the accused person whether are made out or not cannot be looked into at this stage and would be definitely looked at the proper stage," the court observed.
"Therefore, without commenting further on the merit of the case , this bail application is rejected as without merit at this stage. The IO concerned is directed to keep him in juvenile home, ie Bal Ashram Ambphalla or R S Pura and produce him before this court on December 6, 2016 for further orders," the court ordered.(JNF) |
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