Shivani Gadhavi –
Published On: December 14, 2021 at 17:30 IST
The Meghalaya High Court noted that granting a Bail on the basis of humanitarian grounds is not ‘tenable’ and set aside a Case related to granting of Bail of an Accused who charged under the Protection of Children Against Sexual Offences Act (POCSO).
Justice W Diengdoh of the Meghalaya High Court was hearing a matter related to a Criminal Revision Petition of an Accused who allegedly kidnapped, raped and killed a minor girl.
The Accused was granted Bail under humanitarian grounds by a Special POCSO Judge which was set aside by the Meghalaya High Court.
The High Court Order stated, “In Bail Jurisprudence the concept of granting Bail on humanitarian ground is not so prevalent and the same is not Legally tenable which also renders the impugned Order passed on this account to fail the scrutiny of Law.”
The Court stated, “There is no extraordinary circumstances which would endanger the life of the Respondent/Accused if Bail is withheld, inasmuch as, the jail authorities are duty bound to ensure that proper medical treatment is afforded to the inmates, and there are also adequate number of treatment centers and hospital where the Respondents/Accused could be referred for treatment under Custody.”
The High Court while setting aside the case in discussion stated that the impugned Order was passed without due application of mind along with the discretionary power not being exercised judiciously, hence the Court has Quashed the Order.
Also Read: What is POCSO Act, 2012?