Accused's Offer Of Payment Of Ad Interim Compensation To Victim Cannot Be A Ground For Granting Bail: Supreme Court

The Supreme Court observed that the offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail. 

In this case, accused were arrested after an FIR was registered against them under Sections 341, 342 and 376(D) IPC and under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(4)(w)(i) of the SC/ST (Prevention of Attrocities) Act. The allegation was that and the accused apprehended and forcefully picked two minor girls on their motorcycles and then gang raped them.

The Jharkhand High Court released one of the accused on bail only on the ground that one of the co-accused person has already been enlarged on bail by the co-ordinate Bench and that the accused is ready to deposit ad interim compensation amount of Rs.1,00,000/- in favour of the victim. The State therefore approached the Apex Court challenging this order of the High Court.

"In our considered opinion, the High Court has not adverted to the parameters of Section 439 Cr.P.C. which are required to be observed while granting or declining regular bail to an accused, specially when he is involved in a heinous crime. The offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail. We, therefore, do not subscribe to the reason(s) assigned by the High Court while releasing the respondent on bail.", the bench of Justices Surya Kant and JB Pardiwala observed.

Setting aside the order, the bench requested the High Court to hear and dispose of the bail application of the accused on merits within a period of three months.

Case details

State of Jharkhand vs Salauddin Khan | 2022 LiveLaw (SC) 755 |  CrA 1535-1536 OF 2022 | 9 September 2022 | Justices Surya Kant and JB Pardiwala

Counsel: AAG Barun Kumar Sinha

Headnotes

Code of Criminal Procedure, 1973 ; Section 439 - Bail - The offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail. (Para 7)

Click here to Read/Download Order