The Aryavarth Express
Agency (New Delhi): The High Court of Delhi, presided over by Justice Navin Chawla, overturned a bail order in the case of CRL.A. 526/2023. The bail had been granted to the accused in a case involving alleged offenses under the SC & ST (Prevention of Atrocities) Act, 1989. The appeal, filed by the alleged victim, contested the bail order dated 01.04.2023 from the Saket Courts’ Additional Sessions Judge-02, South-District, New Delhi.
The central issue raised in the appeal was the failure to serve notice of the bail application to the appellant/victim, violating Sections 15A(3) and 15A(5) of the SC & ST Act. The Act mandates that victims or their dependents be notified of all court proceedings, including bail applications, and be given the opportunity to participate and voice objections.
The initial order granting bail, dated 09.02.2022, was challenged as the supplementary charge sheet added offenses under the SC & ST Act, which were not considered in the bail application. On 01.04.2023, the bail was granted without the presence of the appellant or confirmation of notice being served.
Justice Chawla noted that the bail order did not record any confirmation that the appellant had been served notice, as required by law. This omission was deemed a significant procedural lapse, necessitating the reversal of the bail order. The Supreme Court’s judgment in Hariram Bhambhi v. Satyanarayan & Anr., 2021, was cited, emphasizing the importance of victim notification and participation in proceedings under the SC & ST Act.
The High Court’s decision underscores the strict adherence required by courts to the procedural safeguards for victims in cases under the SC & ST Act. The bail application has been restored for reconsideration, ensuring compliance with the Act’s provisions. The accused shall not be taken into custody for 15 days, pending further orders from the Special Judge. This ruling highlights the judiciary’s commitment to protecting the rights of victims, especially in cases of caste-based atrocities.
