VidhiSangh

Supreme Court of India · 29/10/2021

HARIRAM BHAMBHI versus SC/ST

[2021] 8 S.C.R. 855 · 2021 INSC 701

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Summary

The Court set aside bail granted in an atrocities prosecution without prior notice and hearing to the victim’s representative. The statutory rights under Section 15A(3) and (5) were mandatory; hearing a later cancellation application did not cure the original breach. The bail order also lacked reasons addressing the offence’s gravity, the accused’s role and investigation material. Surrender was directed, with observations confined to bail rather than the trial’s merits.

Issues

  1. Whether mandatory victim notice and hearing could be omitted at the bail stage and cured during later cancellation proceedings.
  2. Whether the High Court supplied sufficient reasons for granting bail.

Provisions considered

Held

Result

Appeal allowed; orders granting bail and rejecting cancellation set aside. First respondent directed to surrender by 7 November 2021; observations confined to bail. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 855.