ORDER :

Sheel Nagu, J.

1. This Bench has been constituted to resolve the controversy referred by Hon. the Chief Justice stemming from difference of opinions between two Single Benches of this Court.

2. Noticing the cleavage of opinions between two single benches manifested by the order dated 22.10.2020 in Misc. Criminal Case 41359-2020 [CCL (Child In Conflict with Law) v. State of M.P.] and order dated 4.11.2020 in Criminal Revision 2112 of 2020 [Ankesh Gurjar @ Ankit Gurjar v. State of M.P.] the following questions have been framed in both cases :-

Misc. Criminal Case 41359/2020

[CCL (Child In Conflict with Law) v. STATE OF M.P.]

Order dated 22.12.2020

Accordingly, the Registry is directed to forward the case to the Principal Seat and for the sake of convenience, the following proposed questions are framed:

(i) Whether the benefit of anticipatory bail u/s. 438 Cr.P.C. is available for a juvenile to be availed while invoking section 12 of Juvenile Justice Act?

(ii) Whether denial of remedy of anticipatory bail u/s. 438 to a juvenile would be abhorrent to the beneficial and rehabilitat