MASTER BHOLU Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This criminal appeal is filed aggrieved of the order dtd. 22/3/2021 dismissing the application for bail in FIR No. 250 of 2017, under Sec. 302 IPC , Police Station Bhondsi, Gurugram with RC-8(S) of 2017 under Sec. 302 IPC SC-3, Lodhi Road, Delhi.

(2.) The facts in brief as per the FIR are that on 8/9/2017, father of Prince left Prince and his sister in Ryan International School, Bhondsi at around 8.00 AM. At 8.10 AM, he received a telephonic call from the school staff that Prince was profusely bleeding and taken to Badshahpur Hospital, [2] He had received a cut on his neck. Later, he was told that Prince was taken to Artemis Hospital. Ultimately, the child died due to injury on his neck. During investigation by Haryana Police, one Ashok Kumar was arrested. Later on 22/9/2017, investigation of the case was handed over to Central Bureau of Investigation (for short, 'CBI'). The case was re-registered. CBI arrested the appellant and produced him before Principal Magistrate, Juvenile Justice Board (hereinafter referred to as 'JJB') on 7/11/2017. The appellant was student of 11th standard in the same school. His age was sixteen years and five months on the date of occurrence. JJB made a preliminary assessment under Sec. 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act') and vide order dtd. 20/12/2017 held that the juvenile in conflict with law (appellant) is to be tried as an adult under the Act. The order was challenged in appeal. The appeal was dismissed on 21/5/2018. Further criminal revision was preferred. This Court vide order dtd. 11/10/2018 remanded the matter back to JJB to conduct fresh preliminary assessment. The order of this Court was challenged by the complainant by filing SLP No. 10123 of 2018. Vide order dtd. 19/11/2018, the Supreme Court directed to maintain status quo in the matter. An application for regular bail was made before the JJB, the same was rejected on 30/10/2018. Appeal against the rejection order was dismissed on 5/11/2018. Criminal Revision No. 3838 of 2018 was filed, same was dismissed on 30/6/2020 by this Court. The SLP preferred against the order of this Court was dismissed on 2/9/2020. The order dtd. 2/9/2020 was modified by order dtd. 29/10/2020. The word "tried" was substituted with the word "treated". Fresh bail application was filed on [3] 25/2/2021 before the Additional Sessions Judge, Gurugram. The same was dismissed on 22/3/2021. The operational paragraph of the impugned order is reproduced below:

(3.) Aggrieved of the impugned order, the present appeal is filed.