Victim's appeal against a Special Court order granting regular bail to the accused, alleging non-compliance with Section 15(3) SC/ST Act regarding notice to her. The court found the court below had not fully complied with Section 15(3), yet dismissed the criminal appeal.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 262 of 2023
Bolo Kumari Oraon … Appellant - Versus -
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Appellant : Mr. Prem Mardi, Advocate For the State : Mr. Azeemuddin, A.P.P. For the Resp. No.2 : Mr. Nilesh Kumar, Advocate
12/15.03.2024
Heard the parties.
This criminal appeal has been filed against the order dated 09.12.2022 passed by Sri Manish Ranjan, learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi in connection with Misc. Cr. Appeal No.2496 of 2022, arising out of Sadar S.C./S.T. P.S. Case No.20 of 2021 whereby and wherein the learned trial court has released the opposite party no.2 on regular bail.
This appeal has been filed for setting aside the aforesaid order on the ground of noncompliance of Section 15(3) of the S.C./S.T. (Prevention of Atrocities) Act that the appellant did not get reasonable opportunity to be heard by the learned Special Judge before releasing the opposite party No.2 on bail. It was submitted that though the learned Special P.P. had informed the appellant through WhatsApp, but the learned Special Court should have given another opportunity for her appearance before releasing the opposite party no.2 on bail.
Section 15(3) of the S.C./S.T. (Prevention of Atrocities) Act, 1989 provides that “A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.”
Reliance has been placed upon the decision of Hon'ble Allahabad High Court passed in Cr. Appeal(SJ) No.41 of 2023 in which the Hon'ble Allahabad High Court has interpreted the phrase reasonable and has laid down that time period of 72 hours between the receipt of notice by the victim and bail application fully satisfy the statutory required.
-2-
It was submitted that bail application has been filed on 07.12.2022 and bail application was disposed of on 09.12.2022.
Mr. Nilesh Kumar, learned counsel appearing on behalf of the opposite party No.2 submitted that on 08.12.2022 this application was listed for hearing for the first time. When the appellant did not appear this case was adjourned on 09.12.2022 and the appellant also did not appear on that day, after recording the submission that the learned P.P. had duly informed the appellant, the bail order has been passed.
Considering the aforesaid fact, I do not find that court below has fully complied the provision of Section 15(3) of the S.C./S.T. (Prevention of Atrocities) Act, 1989 before the passing the order granting bail to the opposite party No.2.
Accordingly, this criminal appeal is dismissed.
Jay/-
1 issue framed by the court
Whether the Special Judge complied with Section 15(3) of the SC/ST Act by giving the victim reasonable notice before releasing respondent no.2 on bail.
1 provisions across 1 enactments
Bolo Kumari Oraon
The State of Jharkhand
Aparna Jha
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
