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
- Whether mandatory victim notice and hearing could be omitted at the bail stage and cured during later cancellation proceedings.
- Whether the High Court supplied sufficient reasons for granting bail.
Provisions considered
- Sections 15A(3) and 15A(5), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989Prior reasonable, accurate and timely notice and an effective opportunity to be heard were mandatory, including in bail proceedings. A subsequent hearing did not cure their omission. (¶¶ 13, 14, 17, 18, 19, 20, 21)
Held
- Notice under Section 15A(3) facilitates the hearing right under Section 15A(5), and both requirements are mandatory. They secure meaningful participation of victims or dependents in the specified proceedings. Notice must be served at the earliest possible stage to avoid prejudicing participation and delaying bail or trial. (¶¶ 13, 14, 17, 20, 21)
- The complainant had participated in the earlier withdrawn bail appeal, but received no notice of the later appeal in which bail was granted. Hearing him only on a subsequent cancellation application did not cure the breach: compliance was required at each relevant stage. (¶¶ 18, 19)
- Recording counsel’s submissions and an omnibus reference to facts and circumstances did not fulfil the judicial duty to give reasons. The order failed to engage with the gravity of the offence, the accused’s alleged role and the call-record and location analysis in the final report. The later refusal to recall did not address those defects. (¶¶ 22, 23, 24)
- Both the bail order and refusal to cancel it were set aside. The accused had to surrender by the specified date; the observations concerned bail alone and were not findings on the prosecution’s merits. (¶¶ 25, 26)
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.