HARIRAM BHAMBHI versus SC/ST

HARIRAM BHAMBHI versus SC/ST

Sub-sections (3) and (5) of Section 15A are mandatory: failure to give reasonable, accurate and timely notice to the victim or dependent and to afford them an opportunity to be heard before granting bail vitiates the proceedings; the High Court also failed to record adequate reasons addressing the seriousness of the offence and the accused's role; accordingly the bail order dated 7 November 2019 and the subsequent order dated 8 June 2021 were set aside and the accused ordered to surrender.

Parties
Appellant: Hariram Bhambhi; Respondent: Satyanarayan
Jurisdiction
India
Judgment Date
29 October 2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal (appeal Allowed)
Outcome
Appeal allowed
Legal Topics
Section 15 A(3) and 15 A(5), Victim Rights and Notice, Natural Justice, Duty to Record Reasons for Bail
Sc/st (prevention of Atrocities) Act, 1989 Criminal Law Bail Section 15 A(3) and 15 A(5) Victim Rights and Notice Natural Justice Duty to Record Reasons for Bail

Case Brief

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Parties

Hariram Bhambhi

Appellant

Satyanarayan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal (appeal Allowed)

Legal Issues

  1. 1 Whether notice under Section 15A(3) and opportunity to be heard under Section 15A(5) are mandatory before disposal of bail application
  2. 2 Whether failure to issue notice and hear the victim can be cured by subsequently hearing the victim in a bail cancellation proceeding
  3. 3 Whether the High Court adequately recorded reasons for granting bail having regard to seriousness of offence and role attributed to accused

Ratio Decidendi

Sub-sections (3) and (5) of Section 15A are mandatory: failure to give reasonable, accurate and timely notice to the victim or dependent and to afford them an opportunity to be heard before granting bail vitiates the proceedings; the High Court also failed to record adequate reasons addressing the seriousness of the offence and the accused's role; accordingly the bail order dated 7 November 2019 and the subsequent order dated 8 June 2021 were set aside and the accused ordered to surrender.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dated 7 November 2019 granting bail set aside
  • Impugned order dated 8 June 2021 set aside