Juveniles can file pre-arrest bail pleas: High Court

Saurabh Malik

Chandigarh, May 30

Putting to rest the legal debate over the maintainability of pre-arrest bail pleas filed by juveniles, a Division Bench of the Punjab and Haryana High Court has made it clear that the remedy is available to a child in conflict with law apprehending arrest.

The ruling came as the Bench of Acting Chief Gurmeet Singh Sandhawalia and Justice Lapita Banerji disposed of 33 petitions while deciding the legal issue regarding the maintainability of a juvenile’s plea for pre-arrest bail under Section 438, CrPC.

The matter was placed before the Bench following conflicting views by Single Judges of the high court in view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Bench noticed advocate Tanu Bedi, assisting the court as amicus curiae, argued in favour of the larger picture on “exercise of jurisdiction by the courts rather than taking the restrictive view on the ground that the petition is not maintainable”.

The Bench observed it was not disputed that a child in conflict with law was to be produced before the Juvenile Justice Board, which was to proceed with in accordance with the law. The Bench said protection could be granted to a child in conflict with law before he was to put in an appearance before the board.