Srinagar, Mar 02: The J&K High Court on Thursday upheld Chief Judicial Magistrate Kulgam’s order rejecting bail plea of four juveniles who were arrested by police in Yaripora Kulgam and charged with offences punishable under Section 363, 376 and 109 of RPC.
The bail plea of these juveniles was earlier rejected by the CJM Kulgam by invoking Section 13(2) of the Juvenile Justice Act, who had directed that they be kept in observation home.
Upholding the CJM’s decision, Justice Muhammad Yaqoob Mir of J&K High Court said: “Such juveniles require proper reformation and counseling”.
Dismissing the revision petition against the order of CJM, the 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,” 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.”
