Case Note & Summary
The appellant, Kishor Shivdas Shinde, was the original accused in Sessions Case No.52 of 2020 pending before the Special Judge under the Atrocities Act/Additional Sessions Judge, Shahada, District-Nandurbar. He was arrested on 24th October 2020 in connection with an FIR lodged by respondent No.2 (the victim's father) alleging that his 15-year-old daughter went missing on the night of 22nd-23rd October 2020. The appellant was charged under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appellant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) read with Section 14-A of the Atrocities Act, which was rejected by the Special Judge on 15th March 2023. Aggrieved, the appellant filed the present appeal before the Bombay High Court. The appellant's counsel argued that the appellant had been in jail for about 2 years and 9 months, the charge-sheet had been filed, and his custody was no longer required for investigation. It was also submitted that the appellant had no criminal antecedents. The State and the victim's father opposed the bail, but the court, after hearing the parties, noted the long period of incarceration and the fact that the charge-sheet had been filed. The court did not assess the prima facie case at this stage. The court allowed the appeal, set aside the impugned order, and granted bail to the appellant on certain conditions, including furnishing a PR bond of Rs. 15,000 with one solvent surety, and other conditions to ensure his presence during trial.
Headnote
A) Criminal Law - Bail - Section 439 CrPC, Section 14-A Atrocities Act - Long Incarceration - The appellant-accused was arrested on 24th October 2020 and remained in jail for about 2 years and 9 months. Charge-sheet was filed, and no criminal antecedents were reported. The court held that continued detention was not justified and granted bail on conditions. (Paras 1-4) B) Criminal Law - POCSO Act - Bail - Prima Facie Case - The court did not delve into the merits of the case or assess the prima facie case at the bail stage, focusing instead on the period of incarceration and the fact that investigation was complete. (Para 4)
Issue of Consideration
Whether the appellant-accused is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending trial.
Final Decision
The appeal is allowed. The impugned order dated 15th March 2023 passed by the learned Special Judge under the Atrocities Act/Additional Sessions Judge, Shahada, District-Nandurbar, rejecting the bail application at Exhibit-27 in Sessions Case No.52 of 2020 is set aside. The appellant is directed to be released on bail on furnishing a PR bond of Rs. 15,000 with one solvent surety of the like amount, subject to conditions including not tampering with evidence, not inducing witnesses, and attending trial regularly.
Law Points
- Bail under Section 439 CrPC
- Section 14-A Atrocities Act
- Long incarceration
- Charge-sheet filed
- No criminal antecedents
- Prima facie case not assessed at bail stage
