LI Network
Published on: January 23, 2024 at 14:44 IST
The Supreme Court has expressed disapproval of a High Court order granting anticipatory bail to an accused who offered compensation to a sexual harassment victim.
The Division Bench of Justices B.R. Gavai and Sandeep Mehta found the decision to be inconsistent with established legal principles.
In the case at hand, the accused faced charges under various sections of the Indian Penal Code, Protection of Children from Sexual Offences Act, and Information Technology Act. The allegations involved outraging the modesty of the complainant and circulating an indecent video on social media. Seeking relief, the accused approached the High Court of Jharkhand, Ranchi.
Before the High Court, the accused expressed a willingness to cooperate with the investigation and offered to pay Rs. 1,00,000/- as interim compensation to the complainant. The High Court, in a concise two-page order, granted anticipatory bail and instructed the accused to deposit the specified amount without providing detailed reasons for the decision.
Challenging this order, the State appealed to the Supreme Court. The Bench, upon examination, deemed the High Court’s stance legally unsustainable. The Court emphasized that the High Court did not provide grounds for granting anticipatory bail and criticized the notion that willingness to pay compensation could be the sole basis for such relief.
“Merely because the accused is willing to pay some amount as interim compensation cannot be a ground for grant of anticipatory bail,” the Court stated.
Despite its disapproval, the Supreme Court did not alter the High Court’s order, considering the victim’s acceptance of the compensation.
However, before concluding the appeal, the Court directed its Registrar (Judicial) to communicate the decision to the High Court’s Registrar (Judicial) and requested appropriate action from the Chief Justice of the High Court.