Sections 4, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 341, 342, 376(D) -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(4)(w)(i) – POCSO matter – Regular bail – Ad-interim compensation as a ground -- High Court 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, especially when he is involved in a heinous crime -- Offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail -- Impugned order set aside, High Court requested to hear and dispose of the bail application on merits within a period of three months -- Respondent ordered to be taken into custody and bail bond cancelled.

(SC) Decided on : 09.09.2022

Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 446A -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 34, 120-B, 376 -- Absence from trial – Non-bailable warrants – Anticipatory bail -- Petitioner had been regularly appearing before the trial Court and it was only on one occasion he absented and even his bail bonds have not been cancelled or forfeited to the State -- Keeping in view that there is only a single date default, petitioner is directed to put in appearance before the trial Court within ten days from today and on his doing so he shall be released on bail on old bail bonds to the satisfaction of the trial Court.

(P&H HC) Decided on: 02.06.2022