Subsequently Providing A Hearing For Cancellation Of Bail Does Not Cure Infraction Of Mandate U/S 15A Of SC/ST Act: Delhi HC Sets Aside Bail Order
The Delhi High Court set aside the grant of bail to an accused holding that subsequently providing a hearing for cancellation of bail does not cure infraction of the mandate u/s 15A of the SC & ST (Prevention Of Atrocities) Act.
The victim had challenged the grant of bail to the accused by the trial court under Section 14A(2) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act).
The Victim argued that the order of bail was passed in violation of Section 15A(3) and Section 15A(5) of the SC & ST Act since the order was passed without serving notice of the bail application being filed to the victim.
A Single Bench of Justice Navin Chawla observed, “It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim. It further confers a right on the victim or the dependent of a victim to be heard at any proceeding under the Act, including in respect of an application seeking bail. ”
Sr. Advocate Trideep Pais represented the appellant, while Sr. Advocate S.K. Manan appeared for the respondents.
Due to the lack of any official records, the High Court assumed that the trial court had not issued a notice to the victim regarding the bail application being filed before the passing of the Impugned Order.
The Court remarked, “It is apparent that where there is an infraction of the mandate of sub-section (3) and (5) of Section 15A of the SC & ST Act, it cannot be cured by providing a hearing to the victim in a proceeding that arises subsequently, including one for cancellation of bail.”
The Court set aside the bail granted in contravention of compliance with sub-section (3) and (5) of Section 15A of the SC & ST Act.
Accordingly, the High Court allowed the appeal.
Cause Title: X v. State Nct Of Delhi & Anr. (Neutral Citation: 2024:DHC:1141)
Appearance:
Appellant: Sr. Advocate Trideep Pais; Advocates Mihir Samson, Asawari Sodhi and Gargi Sethi
Respondents: Sr. Advocate S.K.Manan; APP Shoaib Haider; Advocates Rahul Khan, Karmanya Singh Choudhary, Ritik and Lavish
