A bench of Justices R F Nariman and Indu Malhotra rejected the plea which sought default bail on the ground that charge sheet was not filed within 60 days.
The bench said it is a heinous offence under section 302 of IPC and the time limit for filing the charge sheet was 90 days and not 60 days.
The Punjab and Haryana High Court had on June 6 dismissed the bail plea of the 16-year-old student, accused of killing a seven-year-old boy in a private school in Gurgaon in September last year.
The high court had also rejected the accused's submission that he deserved the benefit of statutory bail on the ground that the Central Bureau of Investigation (CBI) had failed to conclude its probe within the prescribed limit of 60 days.
The accused had challenged in the high court the February 5 order of a Gurgaon sessions court which had rejected his plea saying that the stage was not fit for granting bail.
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