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TMI Blog2021 (10) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... p, the order of the High Court in granting bail cannot pass muster. Aggrieved by the order, the appellant had filed an application S.B. Criminal Miscellaneous Bail Cancellation Application No. 21/2020 seeking its recall. The Single Judge of the High Court by the impugned order dated 8 June 2021 simply reiterated that the bail was granted on the basis of the statement of the wife of the deceased, PW.2, once again failing to show any engagement with the considerations that govern the grant of bail. The impugned order of the Single Judge of the High Court of Judicature at Rajasthan dated 8 June 2021 in S.B. Crl Bail Cancellation Application No. 21/2020 is set aside - Appeal allowed. - Dr Dhananjaya Y Chandrachud And Bv Nagarathna JJ. For Appellant(s) Dr. Sushil Balwada, AOR For Respondent(s) Mr. Manish Sharma, Adv. Mr. Neeraj Sharma, Adv. Mr. Kumar Dushyant Singh, AOR Mr. Chetanya Singh, Adv. Mr. Ilesh Shukla, Adv. Ms. Ria Sachthey, Adv. Mr. Milind Kumar, AOR JUDGMENT Dr Dhananjaya Y Chandrachud, J 1. Leave granted. 2. On 9 June 2018, the appellant lodged a report at Police Station Kishangarh, District Ajmer on the basis of which FIR No.116/2018 for offences punishable under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On 7 November 2019, the High Court heard arguments in the appellate Proceedings S.B. Criminal Appeal No.2518/2019 when it was submitted by counsel for the first respondent that PW.2, the wife of the deceased, had stated that the deceased had accompanied his brother-in-law (co-accused Kishan Lal), who had taken an insurance policy in the name of the deceased and that it was Kishan Lal who had committed the murder with the help of his friends to obtain the proceeds of the insurance policy. After recording the above submission of the first respondent, the High Court enlarged the first respondent on bail by its order dated 7 November 2019. The order of the High Court reads thus: 1. The present criminal appeal under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.116/2018 registered at Police Station Kishangarh District Ajmer for the offences under Sections 302 201 of IPC and 3(2)(v) of SC/ST Act. 2. Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that the wife of the deceased Smt. Aaram Devi (PW2) in her statement recorded during trial has stated that the dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner again on merits, therefore, requirement of issuing notice to the complainant-petitioner (victim) as provided under Section 15A (3)(5) of the SC/ST Act is being complied with. The order dated 07.11.2019 was passed by this Court after considering the statement of PW-2, Smt. Aaram Devi, wife of the deceased, therefore, I see no reason for recalling of the order dated 07.11.2019. As such, this criminal miscellaneous bail cancellation application is hereby dismissed. 7. We have heard Mr Ajit Kumar Thakur, learned counsel in support of the appeal. Mr Manish Sharma, learned counsel has appeared on behalf of the first respondent while Mr Chetanya Singh, learned counsel has appeared on behalf of the State of Rajasthan. On behalf of the appellant, it has been submitted that: (i) There has been a fundamental infraction of the provisions of Section 15A of the SC/ST Act by the High Court in not issuing notice to the appellant, who in his capacity as a complainant, was entitled to be heard in any proceeding under the Act, inter alia, in respect of bail; (ii) As a matter of fact, in the appeal which had been filed before the High Court against the rejection of the first bail application b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have a detrimental bearing on his liberty. 9. A counter affidavit has been filed on behalf of the State of Rajasthan by the Additional S.P., Rural District, Ajmer. The affidavit states that during the course of the investigation it has been revealed that Kishan Lal, the brother-in-law of Ram Niwas, helped the latter board the vehicle from Vijay Nagar to Bander Sinderi. After some time, the local residents of Bander Sinderi saw the body of Ram Niwas being thrown out of the vehicle in front of Gokul Singh Dhaba situated in the Kishangarh area. Statements of witnesses were recorded under Section 161 CrPC. During the course of the investigation, the provisions of Section 3(2)(v) of the SC/ST Act were added; the accused belongs to the Swarn community while the deceased belonged to a Scheduled Caste. According to the affidavit, the Safi with which the deceased was killed in the vehicle was recovered at the behest of the accused, including the first respondent. Moreover, it has been submitted that the analysis of the call data records indicates that on 9 June 2018 continuous conversations were found between the accused at the location near Bandanwada at about 1.00 pm and that thereafter t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the normal provisions of the Indian Penal Code have been found to be inadequate to check these crimes. A special legislation to check and deter crimes against them committed by non-Scheduled Castes and nonScheduled Tribes has, therefore, become necessary. 3. The term 'atrocity' has not been defined so far. It is considered necessary that not only the term 'atrocity' should be defined but stringent measures should be introduced to provide for higher punishments for committing such atrocities. It is also proposed to enjoining, on the States and the Union territories to take specific preventive and punitive measures to protect the Scheduled Castes and the Scheduled Tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them. 4. The Bill seeks to achieve the above objects. 11. Section 15A, which comes under Chapter IV-A of the SC/ST Act titled Rights of victims and witnesses , was introduced by way of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which came into effect on 26 January 2016. The Statement of Objects and Reasons that accompanied the inser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bir Khora, Misconstruction of the Anti-atrocities Act s Misuse, Economic and Political Weekly 53 (15) (14 April 2018). 13. Section 15A of the SC/ST Act contains important provisions that safeguard the rights of the victims of caste-based atrocities and witnesses. Sub-sections (3) and (5) of Section 15A specifically make the victim or their dependent an active stakeholder in the criminal proceedings. These provisions enable a member of the marginalized caste to effectively pursue a case and counteract the effects of defective investigations. Sub-sections (1) to (5) of Section 15A are extracted below: 15A(1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence. (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victims age or gender or educational disadvantage or poverty. (3) 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 Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . With the legislative intent reiterated in the letter, no iota of doubt exists that intention of the Amendment Act was for Speedy Trial and Protection of Victims' Rights. By way of Section 2 (ec) Victim has been defined and beside Section 14-A, Section 15-A, Rights of victim and witnesses was introduced to take care of them for the first time. Definition of Victim includes-relatives, legal guardian and legal heirs and this definition is much wider than the definition of Victim provided in Section 2 (wa) of Cr.P.C. which includes guardian or legal heir, not the relatives. Similarly, Section 15A of Atrocities Act provides an extensive mechanism for protection of Victims/Witnesses. Even the victim has been given a chance to appear before the Court at the time of hearing of bail application. Right of the Court to cancel or revoke the bail is one of the measures by which protection of Victims/Witnesses can be ensured 16. The Gujarat High Court in Hemal Ashwin Jain v. Union of India R/Special Civil Application No. 6369 of 2020 (Gujarat High Court), available at https://www.livelaw.in/pdf_upload/pdf_upload-380514.pdf (last accessed on 27 October 2021). observed that: 37. The victims, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. 19. When the High Court entertained S.B. Criminal Appeal No.2518/2019 on 7 November 2019, no notice was given to the appellant. The High Court allowed the application for bail. When the appellant moved the High Court for cancellation of bail, the Single Judge took the view that compliance with the principles of natural justice at that particular stage would cure the deficiency. There has been a clear infraction of the mandate of the statute. Sub-sections (3) and (5) have been introduced by the Parliament to ensure a right to be heard to the person against whom the offence is committed or to the dependents. These provisions must be scrupulously observed. We cannot agree with the finding of the Single Judge that the defect in not issuing notice to the victim or their dependent and depriving them of the opportunity to be heard in the concerned proceedings (for grant of bail) can be cured by providing them a hearing in a proceeding that arose subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice . 40. We are also constrained to record our disapproval of the manner in which the application for bail of Vishan (A-6) was disposed of. The High Court sought to support its decision to grant bail by stating that it had perused the material on record and was granting bail without discussing the evidence in detail taking into consideration: (1) the facts of the case; (2) the nature of allegations; (3) gravity of offences; and (4) role attributed to the accused. 23. While granting bail to the first respondent, the High Court in its order dated 7 November 2019 only recorded the submission of counsel for the first respondent that PW-2, the spouse of the deceased, had in the course of her statement recorded during the trial, stated that the deceased had gone with her brother Kishan Lal; that Kishan Lal had obtained an insurance policy in the name of the deceased and that the murder had been committed by Kishan Lal to obtain the proceeds of the insurance policy, with the help of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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