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2011 Supreme(J&K) 683

Hasnain Massodi
Rouf Ahmad Alias Eelya – Appellant
Versus
State – Respondent


Advocates Appeared:
T.H. Khawja, M.A. Thakur.

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 Teli, 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 connectio




























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