Supreme Court Sets Aside Bail Orders Due to Violation of Victim's Rights in Serious Offence Case.


13 December 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Rape >> Criminal Law  

The appellant, referred to as "X," has filed two appeals against the High Court’s orders granting bail to the accused respondents, Khargesh Golu and Karan, in connection with a serious criminal case (FIR No. 599/2021) involving offences under the Indian Penal Code (IPC), the POCSO Act, and the SC/ST Act. The appeals were heard together due to their common legal issues.

 

 

The central issue raised by the appellant’s counsel is the lack of opportunity for the victim (the appellant) to be heard during the bail proceedings in the High Court, and the failure to make the victim a party to these proceedings. The appellant argues that as per Section 439(1A) of the Cr.P.C. and Section 15A(3) of the SC/ST Act, it is mandatory for the victim or their representative to be informed and given an opportunity to participate in bail hearings for cases involving serious offences like sexual assault and atrocities against scheduled castes or tribes.

The Court found that the accused failed to comply with these statutory requirements, and the Public Prosecutor also neglected to inform the victim about the bail proceedings. The High Court had granted bail without considering these legal provisions, which led to the violation of the appellant’s rights.
In light of these violations, the Supreme Court set aside the High Court's orders, directing the accused to surrender before the Trial Court by December 30, 2024.


Section 323., Indian Penal Code - 1860

Section 363., Indian Penal Code - 1860  

Section 376., Indian Penal Code - 1860  

Section 392., Indian Penal Code - 1860  

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Protection of Children from Sexual Offences Act, 2012  

Section 439., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973