JUDGMENT :

Sarang V. Kotwal, J.

1. “In absence of provisions of grant of anticipatory bail under the Juvenile Justice (Care and Protection of Children) Act, 2015, whether a juvenile in conflict with law can file such application under Section 438 of the Code of Criminal Procedure ?”

This is the question, which we are required to answer in this reference.

2. The Anticipatory Bail Application No.277 of 2022 was rejected by a Single Judge Bench of this Court (Coram: Smt. Vibha Kankanwadi, J.) on the ground that it was filed by the applicants who were minors. They were covered by the definition of “Child in conflict with law” as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the “JJ Act”); and therefore, their application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was not maintainable. Learned Judge referred to various judgments of different High Courts and differed with the view with two orders of other Single Judge Benches of this Court in the following two cases :

(i) Yogesh Jagdish Joshi Vs. Sate of Maharashtra, in Criminal Application No.2822 of 2001, decided on 18th September, 20