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2022 Supreme(MP) 932

G. S. AHLUWALIA
Prahlad Singh Parmar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri R.K. Sharma, Senior Advocate, Shri V.K. Agrawal, Shri V.D. Sharma, Shri Rajeev Budholiya, for the Appellant, Shri Rohit Mishra, Additional Advocate, for the Respondent.

ORDER

1. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act, 2015") has been filed against the order dated 24.08.2021 passed by the Principal Magistrate, Juvenile Justice Board, Morena, District Morena, by which the respondents No. 2 and 3 have been released on bail under Section 12 of the Act, 2015.

2. A solitary ground has been raised by the counsel for the applicant that since the order under challenge was passed by the Juvenile Justice Board without making preliminary assessment as required under Section 15 of the Act, 2015, therefore, the bail order is bad in law. Accordingly, by order dated 11.3.2022 the following question was framed:

    "Whether Juvenile Justice Board can decide an application under Section 12 of the Act, 2015, even prior to making preliminary assessment under Section 15 of the Act, 2015 or the Board should take up the application filed under Section 12 of the Act, 2015 only after making a preliminary assessment under Section 15 of the Act, 2015."

    3. It is submitted by Shri R.K. Sharma, Senior Advocate and Shri V.D. Sharma that the power under Section 12 of the Act, 2015 is independent to that

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