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2020 Supreme(P&H) 1259

H.S.MADAAN
Krishan Kumar Minor Thrugh His Mother – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr.Dheeraj Narula, Advocate; for the petitioner.; Mr.Vikas Bhardwaj, AAG, Haryana.; Mr.Aditya Sanghi, Advocate; for the complainant.

JUDGMENT

H.S Madaan, J. - Case taken up through video conferencing.

2. First coming to the maintainability of the petition.

3. Learned counsel for the petitioner/accused has contended that in the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the Act), there is no specific bar to filing of petition for grant of pre-arrest bail by a juvenile. Sections 10 and 12 of the said Act deal with grant of regular bail and not with pre-arrest bail, therefore saying that a petitioner should appear before Juvenile Justice Board for seeking bail is not proper.

4. Learned counsel has further argued that though in some of the cases this Court has taken the view that petition for pre-arrest bail by a juvenile is not maintainable and such judgments have been mentioned in order passed by the learned Additional Sessions Judge, Sirsa. Out of those, two of the petitions are CRM-M-29426-2018 titled 'Kamal Singh Versus State of Punjab' decided on 14.9.2018 and CRM-M-40284-2017 titled 'Ashokpreet Singh @ Showpreet Singh Versus State of Punjab' decided on 20.12.2017. But thereafter this Court has been granting this relief also. In that regard, he has referred to vario

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