IQBAL DEEP SINGH Vs. STATE

JUDGEMENT

(1.) On 30th July, 2011 source information is stated to have been received by Police Station, Gandhi Nagar, Jammu to the effect that at about quarter to one p.m. near Zeenat Tutorial, Shastri Nagar, Jammu, Amandeep Singh and Jaspreet Singh, in view of previous enmity, in furtherance of comMon object with intention to commit murder of Sukhbir Singh attacked him. Amandeep Singh caught hold of Sukhbir Singh, whereas Jaspreet Singh with "kirch" injured said Sukhbir Singh, who finally succumbed to injuries in the hospital. A case was registered as Crime No. 185/2011 for commission of offence punishable under Sections 307, 341, 34 Ranbir Panel Code (for short RPC) and 4/25 Arms Act. Investigation of the case culminated in filing charge-sheet (challan) to the effect that three accused persons namely Jaspreet Singh, Amandeep Singh and Iqbal Deep Singh, during investigation are established to have committed offence punishable under Sections 302, 341, 34 R.P.C. Iqbal Deep Singh was stated to be less than 16 years of age by his parents, therefore, was got medically examined in Government Medical College, Jammu, and Radiologist opined that his age shall be between 18 to 20 years.

(2.) On behalf of Iqbal Deep Singh, an application was filed for grant of bail on the ground of he being a Juvenile. Learned Chief Judicial Magistrate, Jammu vide order dated 7th September, 2011 has concluded that the accused Iqbal Deep Singh is still to attain the age of 16 years and has recorded that in his considered opinion he is a juvenile.

(3.) While considering the plea for grant of bail, learned Chief Judicial Mgistrate concluded that in the circumstances, grant of bail is declined and the accused be sent to Children Home "Bal Ashram", R. S. Pura. The Superintendent/Manager thereof has been directed to allow the Investigating Agency to meet the juvenile for the purpose of inquiry. Senior Superintendent of Police was directed to ensure adequate safety/security arrangement of the accused.