The Special Children’s Court on Monday rejected the bail plea of the 16-and-half-year-old student, accused of killing seven-year-old Pradyuman Thakur on the premises of Ryan International school here on September 8, 2017. Additional Sessions Judge (ASJ) Jasbir Singh Kundu also slapped a fine of Rs 21,000 on the defence for filing ‘unnecessary’ applications and wasting the time of the court.
The court also directed the teenager’s father to deposit the amount within three months before the District legal Services Authority, Gurugram.
The order passed on Monday states that, “It is observed that appellant had moved vague application. His motive might be to divert the track of ongoing investigation or to delay the probe and then to grab the default bail. It is apparent that he is instrumental in wasting valuable court time of two hearings before the Juvenile Justice (JJ) Board and five hearings before the appellate court. When there is nothing regarding default bail under Rule 10(5), yet appellant failed to admit straightforward things. The appellant had taken the valuable 28 days time out of 90 days time of the investigation agency knowing well that the provision under which he is making the prayer is not regarding the prayer for default bail and such a prayer is
premature at this stage. The appellant indicates that he is taking court proceedings for a joy ride.”
The ASJ also ordered in-camera proceedings for all future hearings in the case. The Sessions Court also ruled under Section 74 of the JJ Act that imposes a prohibition on disclosure of the identity of children and makes the person contravening this provision liable for punishment of imprisonment for a term which may extend to six months or fine which may extend to Rs 2 lakh or both.
The next hearing of the case will be held on January 22. A default bail application filed by the defence had similarly been rejected by the Juvenile Justice Board (JJB) on December 15, last year.
The accused student, was produced before the court on January 3 and his custody was extended until January 17.
“We are happy and satisfied by the decision of the court. We are moving towards justice and one day we will get justice for the innocent child. We had argued before the court that
the accused student should not get any relief. The crime which he had committed was serious in nature,” Sushil Tekriwal lawyer of the complainant, said.
It may noted that the accused’s lawyer Sandeep Aneja had earlier submitted plea that under Section 10(5) of the JJ act that the CBI should have completed investigation within 30 days, and as it has not done it the bail should be automatic.
The CBI has opposed the bail plea of the accused boy. The CBI submitted to the court that the investigation in the case was pending and the accused could influence the witnesses and he could also abscond thus hampering the investigation.