JUDGMENT :

(G.S. Sandhawalia, J.) :

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. R