Srinagar Acid Attack Case; Court rejects bail application of juvenile
“Granting bail at this stage would defeat ends of justice”
Mudasir Yaqoob
Srinagar, April 20: Juvenile Justice Board (JJB) on Wednesday rejected the bail application of Child in Conflict with Law (CICL) accused in Srinagar acid case.
After hearing defence counsel and additional public prosecutor Zafar Iqbal Shaheen, the JJB Srinagar comprising Principal Magistrate Touseef Ahmad Magrey and two members Dr Asima Hassan and Dr Khair-ul-Nisa, observed that granting bail at this juncture would certainly defeat the ends of justice.
“Ends of Justice have been interpreted by courts in different manner. No universal formula can be laid down but justice to society as a whole has to be borne in mind while interpreting ends of justice,” the JJB observed.
While referring to various Supreme Court judgements and provisions of law, the JJB said that gravity of the charge, manner of its perpetration, circumstances in which the offence is alleged to have been committed, its immediate impact on society, besides its impact on the aggrieved family, are all matters to be taken into reckoning while judging a juvenile’s bail plea.
It added that in the instant case alleged act of CICL wherein he accompanied the main accused to commit the alleged crime and post occurrence behaviour of CICL, all point out to the fact that CICL needs reformation of highest degree so as to make him understand that the norms of society and laws of land are to be adhered to.
“The release at this juncture of CICL on bail will not serve the ends of justice. Rather, his placement at Observation Home, Harwan, Srinagar is in his best interest at this juncture as he has shown signs of reformation which shall continue for the time being,” the JJB said.
“Taking into the considerations the nature and gravity of allegations and overall circumstances, Board is of the opinion that release at this stage of CICL on bail would certainly defeat the Ends of Justice. Accordingly, the instant bail application is dismissed,” the JJB said.
Earlier, additional public prosecutor Zafar Iqbal Shaheen vehemently opposed the bail application, submitting that CICL has committed and actively aided the commission of horrendous act “which shows depravity of mind and cannot be treated as an act which can be dubbed as a child’s mistake during youth hood.”
Advocate Mir Naveed Gul who has been appointed as free legal aid counsel for acid attack victim, told ANN News that the trial of main accused is going on fast track basis in Srinagar District Sessions Court.
He added that on February 22, this year, Police filed a charge sheet before the Court of Chief Judicial Magistrate (CJM) Srinagar against two persons accused in a recent acid attack case on a girl in Srinagar on February 1 this year. It also filed a separate challan against juvenile in the case before JJB Srinagar.
“The prosecution has sought punishment for the accused on two counts under Sections 326-A (voluntary throwing acid to cause grievous injury) and, 120-B (criminal conspiracy) of the Indian Penal Code (IPC),” said advocate Gul.
