ROUF AHMAD ALIAS EELYA Vs. STATE

JUDGEMENT

(1.) The petitioners are arraigned on the charge of having committed offence punishable under Section 302 read with 34, RPC. It is alleged that the petitioners on 9-2-2009, waylaid one Hassan Teliu, alias Mandan, S/o Gh. Nabi R/o Shah Mohalla Nawab Bazar and strangulated him to death on Zainakot HMT Road. Both the accused are admittedly below 16 years of age and juveniles within meaning of J & K Juvenile Justice Act. The petitioners have been in Police custody and thereafter judicial custody since their arrest sometime after the occurrence. The petitioners are also allegedly involved in case FIR No. 35 of 2009 under Section 302/34, Police Station, Parimpora and'alleged to have committed murder of one Shabir Ahmad Sheikh S/o Gh. Ahmad Sheikh R/o Maisuma in identical circumstances.

(2.) The petitioners were declared juveniles and the trial stands commenced before the juvenile Court - Chief Judicial Magistrate, Srinagar. The Trial Court admitted the petitioners to bail in case FIR No. 35/2009 under Section 302/34, RPC Police Station, Parimpora. However, the petitioners have not been able to get any benefit from the bail granted in their favour as the petitioners continue to be detained in connection with case FIR No. 25/2009 under section 302/34, Police Station, Parimpora. The petitioners' application for bail in ease FIR No. 25/2009, has been rejected by learned Chief Judicial Magistrate vide order dated 31-5-2011 and petitioners directed to be kept in Judicial custody at Central Jail, Srinagar with a direction to superintendent Central Jail to make special arrangements for the petitioners as according to learned Magistrate, there was no juvenile home at Srinagar.

(3.) The order of Chief Judicial Magistrate, dated 31-5-2001 was assailed in appeal under Section 37, J & K Juvenile Act before learned Additional Sessions Judge, Srinagar. Learned Appellate Court declined bail to the petitioners. However, judicial custody of the petitioners at Central Jail, Srinagar was been approved by the Appellate Court and instead the petitioners were directed to be kept at newly set up Juvenile home at Harwan. The Chief Judicial Magistrate has been asked to visit the juvenile home at Harwan within 15 days to ascertain the facilities available.