Delhi Excessive Court docket Quashes Order Granting Bail To Rape Accused With out Listening to Sufferer
The person was dealing with prosecution within the rape case lodged in opposition to him in 2022 (Representational)
New Delhi:
The Delhi Excessive Court docket has put aside a trial courtroom order which granted bail to a person in a rape case with out listening to the alleged sufferer.
The excessive courtroom stated not giving a chance to the prosecutrix to be heard in proceedings after the incidence of the offence would violate the Supreme Court docket’s instructions on a sufferer’s rights.
Justice Navin Chawla put aside the June 2022 bail order and stated the person shall be entitled to file a contemporary bail plea earlier than the trial courtroom inside two weeks, making it clear that he shall not be arrested till an order is handed by the decrease courtroom on his utility.
“Be that as it might, because it can’t be denied that the prosecutrix had not been served with a replica of the bail utility, nor was (she) issued discover of the identical or given a chance to oppose the identical, this might be in violation of the instructions issued by the Supreme Court docket on the rights of the sufferer to be granted unbridled participatory rights within the proceedings and of being heard at each step put up incidence of the offence, together with the suitable to be heard whereas deciding on the bail utility.
“It has been held that contravention of the identical shall lead to grave miscarriage of justice,” the excessive courtroom stated.
It handed the order on a plea by the lady difficult the trial courtroom order.
The lady raised the problem that neither was she served with a replica of the bail utility nor was she knowledgeable in regards to the date of listening to earlier than passing of the order.
The standing report filed by the State earlier than the excessive courtroom additionally supported the lady’s plea.
The excessive courtroom, in its order, stated, “Contemplating the truth that the respondent no.2 (man) has been on bail since June 14, 2022 and the order is being put aside as a result of trial courtroom failing to adjust to the process stipulated, it’s directed that he shall file an utility searching for bail, inside a interval of two weeks from at this time.
“Topic to such an utility being filed, the person shall not be arrested till an order is handed by the trial courtroom on such an utility.” The excessive courtroom stated the query of the extension of the interim safety granted by it on this order, shall be on the discretion of the trial courtroom.
The person was dealing with prosecution within the rape case lodged in opposition to him in 2022 at central Delhi’s Rajinder Nagar police station.
(Aside from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)
