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Supreme Court of India 2023-10-30 allowed

PURUSHOTHAMAN vs STATE OF TAMIL NADU

Bench: 2 — Abhay S. Oka, Pankaj Mithal

In Brief

An accused, convicted under POCSO Act 2012, had his sentence suspended and was granted bail by the High Court during his appeal. When called for hearing, his advocate sought a four-week adjournment. The High Court cancelled the bail solely on this ground, without giving the accused any opportunity to be heard. The Supreme Court held that bail under Section 389(1) CrPC cannot be cancelled without affording the accused a reasonable hearing. The Court quashed the cancellation order and restored the original bail, clarifying that an accused cannot be punished for his advocate's conduct and that other procedural remedies exist for addressing unreasonable adjournment requests.

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