The High Court at Calcutta reviewed the cancellation of bail due to a failure to serve statutory notice to the victim under Section 15A(3) of the SC/ST Act. The court quashed the bail order and remanded the matter for rehearing with proper notice, while protecting the accused from custody on account of court negligence.
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IN THE HIGH COURT AT CALCUTTA (CRIMINAL APPELLATE JURISDICTION)
PRESENT:
THE HON’BLE JUSTICE SIDDHARTHA ROY CHOWDHURY
CRA 141 of 2018
CHAPA ORAON
VS.
JAYEETA MUKHERJEE & ANR.
For the Appellant : Mr. Ayan Bhattacharyya, Adv., Mr. Sharequl Haque, Adv. For the Opposite Parties : Mr. Madhusudan Sur, ld. A.P.P., Mr. Manoranjan Mahata, Adv. Hearing concluded on : 23rd September, 2022 Judgement on : 27th September, 2022
:- Siddhartha Roy Chowdhury, J
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of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
charge and learned counsel for the accused petitioner, learned Additional Sessions Judge, 1st Court-cum-Special Judge under SC and ST Act, Barasat North 24 Parganas was pleased to enlarge the accused on bail of Rs.2,000/-.
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1989 submits that the de facto complainant has a statutory right to represent before the Court with accurate and timely notice of any Court proceeding including proceeding for bail and the Special Public Prosecutor or the State Government shall have to inform the victim about the proceeding under this Act. While the prayer for bail was filed before the Court, the victim was not served with any notice resulting into infraction and / or violation of the statutory right of the victim.
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(SIDDHARTHA ROY CHOWDHURY, J.)
3 issues framed by the court
Whether failure to serve notice to the victim under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 vitiates the bail order.
Whether the accused can be detained after cancellation of bail due to irregularities caused by the court.
Whether the bail application should be remanded to the Special Court for rehearing after serving proper notice.
Colour shows how this judgement treated each authority
AIR 2021 SC page 5610 · Who else cites this
2 provisions across 1 enactments
Chapa Oraon
Bidhannagar South Police Station Case No. 109/2016 and Jayeeta Mukherjee
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
