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Supreme Court of India 2021-10-29 allowed

Hariram Bhambhi vs Satyanarayan & Anr

Bench: 2 — Dr. Dhananjaya Y Chandrachud, BV Nagarathna

In Brief

A man was arrested for allegedly murdering his brother-in-law, with additional charges under the SC/ST Atrocities Prevention Act. The High Court granted bail to the accused without issuing notice to or hearing the victim's family, as mandated by Section 15A of the Act. When the family sought bail cancellation, the High Court rejected it, claiming compliance with procedural fairness had been provided at that later stage. The Supreme Court held that Sections 15A(3) and 15A(5) are mandatory, requiring timely notice and opportunity to be heard at the earliest stage. A defect in the grant proceeding cannot be cured by hearing at a later stage. The Court set aside the bail order and remanded the matter.

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Criminal Procedure Scheduled Castes and Scheduled Tribes Atrocities Prevention Bail and Custody Victims' Rights Mandatory Statutory Provisions Judicial Discretion

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