THE STATE OF JHARKHAND vs. MD. SUFIYAN. Citation: 2024(SC) 54
A case was registered against the accused under provisions of the Indian Penal Code, Protection of Children from Sexual Offences Act, and Information Technology Act. The allegations against the accused person were of outraging the modesty of the first informant and, apart from that, making an indecent video viral on social media. It appears that the respondent (petitioner before the High Court) has made a statement that he was willing to cooperate with the investigation of the case and also undertook to pay Rs. 1,00,000/- (Rupees One Lakh Only) as ad interim victim compensation to the informant without prejudice to his defence.
The High Court unilaterally accepted the statement and directed the respondent herein (original petitioner) to deposit such an amount as ad interim compensation to the victim as a ground for grant of anticipatory bail to the respondent. The factors on which anticipatory bail could be granted are very well crystallized in a catena of judgments of this Court. The view taken by 3 the High Court is not sustainable in law.
Issue
Whether merely because the accused is willing to pay some amount as an interim compensation can be a ground for grant of anticipatory bail?
Held
The Supreme Court observed that anticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. The Court highlighted that there is not even a whisper as to on what grounds anticipatory bail was allowed by the High Court. Merely because the accused is willing to pay some amount as an interim compensation cannot be a ground for grant of anticipatory bail.
However, in the facts and circumstances of the present case, we find that since the trial is commenced and the first informant is reported to have accepted the amount of Rs.1,00,000/- (Rupees One Lakh Only) deposited by the respondent, we are not inclined to interfere with the impugned judgment and order. Irrespective, before disposing of the appeal, the Court asked its Registrar (Judicial) to communicate the instant Order to the High Court's Registrar (Judicial). The latter was directed to place the same before Hon'ble the Chief Justice of the High Court for appropriate directions.
