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G. S. SANDHAWALIA, LAPITA BANERJI
Jatin – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
G.S.SANDHAWALIA, ACJ.
1. The present judgment shall dispose of 33 petitions while going on to decide the legal issue regarding the maintainability of an application by a juvenile for grant of pre-arrest bail under Section 438 Cr.P.C. since conflicting views have been taken by learned Single Judges of this Court in view of provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the 2015 Act').
2. The learned Single Judge on 11.08.2020 noted the cleavage of opinion while referring to three judgments which took the larger view and opened the window to the right of the juveniles to agitate and seek pre-arrest bail. The views of the other Courts were also kept in consideration which included the Division Bench judgments of Calcutta High Court and Chhattisgarh High Court, which were to the contrary. Resultantly, the matter was referred to be placed before a Bench of appropriate strength to resolve the issue while extending the interim protection granted earlier to the petitioner whereby, he had been directed to join investigation as and when called upon and was to abide by the conditions as provided under Section 438(2) Cr.P.C. Result
Juveniles in conflict with the law have the right to seek anticipatory bail under Section 438 Cr.P.C., as the provisions of the Juvenile Justice Act do not exclude this remedy.
Juveniles in conflict with law can seek anticipatory bail under Section 438 Cr.P.C., as the provisions of the Juvenile Justice Act do not exclude this right.
A juvenile can file for anticipatory bail under Section 438 of the Cr.P.C. before actual apprehension, as the absence of 'arrest' in the Juvenile Justice Act does not negate this right.
An application for anticipatory bail under Section 438 of the Code at the instance of a minor/juvenile is not maintainable due to the comprehensive and distinct procedure laid down in the Juvenile Ju....
Anticipatory bail is available to children in conflict with law under Section 438 Cr.P.C., as the Juvenile Justice Act does not explicitly prohibit it, supporting personal liberty as per Article 21.
Liberty of a juvenile is the supreme factor, and he or she cannot be deprived of the liberty merely because there is no remedy seeking protection against his or her pre-arrest available under the Act
The Juvenile Justice Act, 2015, consciously omitted to provide anticipatory bail for juveniles, considering the absence of the concept of 'custody' and the rehabilitatory, reformatory, and beneficial....
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