Ankesh Gurjar @ Ankit Gurjar Vs. State of Madhya Pradesh

Tags Anticipatory Bail

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Revision, 2112,41359 of 2020, Judgment Date: Jan 20, 2021

Law Laid Down:-

(1) The concept of arrest/apprehension in a police lockup/jail as contemplated by Chapter V of Cr.P.C. is not recognized in the Scheme of Juvenile Justice (Care and Protection of Children) Act, 2015.

(2) The Juvenile as and when apprehended and detained is immediately sent to Observation Home/Fit facility/One-stop Home or any of the Institutions contemplated under 2015 Act either for the period of 24 hrs between arrest and production before the Board and also thereafter during pendency of inquiry before the Board till final decision.

(3) Since juvenile is not lodged in any police lockup/jail, the Legislature has consciously and rightly so, omitted to make available benefit of anticipatory bail to a juvenile.

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