PRAHLAD SINGH PARMAR Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act, 2015") has been filed against the order dtd. 24/8/2021 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 Sec. 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 Sec. 15 of the Act, 2015, therefore, the bail order is bad in law. Accordingly, by order dtd. 11/3/2022 the following question was framed:

(3.) It is submitted by Shri R.K. Sharma, Senior Advocate and Shri V.D. Sharma that the power under Sec. 12 of the Act, 2015 is independent to that of the statutory duty of the Juvenile Justice Board under Sec. 15 of the Act, 2015 and, therefore, there is no bar on deciding the application under Sec. 12 of the Act, 2015 prior to making an assessment under Sec. 15 of the Act, 2015.