Supreme Court Defines Bail Norms for Rape Offences
Category: Criminal Law
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CASE NAME: X versus STATE OF RAJASTHAN & ANR.
CASE NUMBER: SLP (CRIMINAL) NO. 13378 OF 2024
DATE: 27TH NOVEMBER 2014
QUORUM: HON’BLE JUSTICE J.B. PARDIWALA, HON’BLE JUSTICE R. MAHADEVAN
FACTS OF THE CASE
On 12th February 2024, The High Court of Judicature for Rajasthan at Jodhpur, granted a bail to an accused while his trail was pending, he was granted bail through a SB Criminal Miscellaneous Bail Application. The accused was charged for the offence under Section 376D and Section 342 of the Indian Penal Code. And while hearing the bail application the High Court observed that some difference and mismatch between the FIR and the statement of the victim which was recorded under Section 164 of CrPC and hence awarded bail to the accused with a personal bond of Rs, 50,000/- and with two sureties of Rs. 25,000/- each and his condition of appearance before the court on al dates of hearing.
The victim challenged this verdict of granting bail by the High Court of Rajasthan in the apex court that is Supreme Court of India and challenged the decision of the High Court by moving this special leave petition.
ISSUE OF THE CASE
Whether the High Court or any Court of land should grant a bail to an accused of serious offence like rape while the trail is pending?
Whether the High Court exercise the bail on serious offence/matter like rape before reaching its final conclusion especially when the victim and eye witness are yet to examine.
Whether appropriate conditions were given and put forward by the High Court to the accused while granting him bail for serious offences like rape.
LEGAL PROVISIONS
SECTION 376D OF IPC
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those personsshall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine;
SECTION 342 OF IPC
Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine or with both.
SECTION 164 OF CrPC
The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
SECTION 439 OF CrPC
Special powers of the High Court or Court of session regarding bail. The High Court or Court of Session may direct that any person accused of an offence and in custody, be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified.
ARGUMENT
NO ARGUMENT FROM THE PETITIONER SIDE
NO ARGUMENT FROM THE RESPONDENT SIDE
ANALYSIS
Supreme Court while hearing this Special Leave Petition concluded that the Apex Court will not reverse the order passed by the High Court of Rajasthan and they will not change the order of granting the bail to the accused who was charged of the offence of rape and whose trail is going on at the magistrate court but they strictly asked the court to put extra conditions while granting the bail to the accused and Supreme Court asked the High Court to enforce this bail with rigid conditions and asked the accused who got bail to not enter the village of the victim till the completion of trail and he should furnish the address of his new residence to the investigating officers of the concerned police station, and he should not influence any of the witness in any manner be it directly or indirectly and should not try to contact or try to reach the victim and her family. And keeping in mind the nature and seriousness of the crime the Supreme Court asked the Trail Court to look this matter on priority and dispose this matter within the period of three months. And Supreme Court also made it clear and clarified that until the trail is completed it can not be concluded that whether the accused is guilty or innocent.
CONCLUSION
The Supreme Court made it clear that High Court or any Court can entertain or exercise the power given by the Section 439 of CrPC provided they are putting strong appropriate suitable and fitting conditions for granting the bail to the accused of serious offences like rape and the High Court should not ignore the fact that the trail is yet to be completed and the trail is pending before the magistrate court and examining of the witness and victim is yet to be done so before granting the bail they must assure that they are not giving any green signal to the accused to destroy the evidence or influence the victim or any facts related to the case pending. Here in this case the Supreme Court uplifted and promoted the bail order given by the Rajasthan High Court but they also asked the Court to add extra bail conditions and also the court torch upon the importance of completion of trail in serious offences like rape when it comes to bail application.
