The court upheld the validity of bail granted under the SC/ST Act, confirming that notice requirements were met through mobile communication, despite the complainant's claims to the contrary.

ORDER :

(ANOOP KUMAR DHAND, J.)

1. These two applications for cancellation of bail of the accused- respondents Manoj Pareek and Mahendra Chhipa have been submitted by the complainant-petitioner (hereinafter referred to as "the complainant") on the ground that no notice was ever served upon him prior to disposal of their bail applications (Criminal Appeals).

2. Learned counsel for the petitioner submits that as per the provisions contained under Section 15 (A) of the SC/ ST Act, it is mandatory to send information to the complainant before hearing the bail of the accused-persons for the offences punishable under the offences under SC/ ST Act. Counsel submits that in the case of Mahendra Chhipa, indulgence of bail was granted to him on 28.11.2022, while the notice, as per the mandate contained under Section 15(A) of the Act, was sent to the complainant by the Assistant Commissioner of Police Sanganer Jaipur (East) on 03.12.2022 for its adjudication on 05.12.2022, thus, he was granted bail prior to the date mentioned in the said notice, i.e., on 28.11.2022. Counsel submits that the complainant has never received any information or communication about filing of the above two Criminal Appeals submitted by the above mentioned accused persons. Counsel submits that since there was a violation of the mandatory provision, contained under Section 15(A) of the SC/ ST Act, the bail granted to the accused-persons is liable to be cancelled.

3. In support of his contention, learned counsel for the petitioner has placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of Hariram Bhambhi Vs. Satyanarayan and Anr. reported in 2021 SCC OnLine SC 1010.

4. Per contra, learned Public Prosecutor as well as counsel for the accused-persons opposed the arguments raised by the counsel for the petitioner and submitted that in the case of Mahendra Chhipa, the complainant was informed on his mobile number about filing of the bail application by the concerned Investigating Officer on 08.10.2022. Counsel submits that similarly, in the case of Manoj Pareek, the complainant was informed by the concerned Investigating Officer on 25.08.2022. Counsel submits that this fact was recorded in a register maintained by the Investigating Officer and also a note was appended in the case diary to this effect on the relevant dates. Counsel submits that under these circumstances, there was a compliance of provisions contained under Section 15(A) of the SC/ ST Act, and hence, under these circumstances, interference of this Court is not warranted.

5. Heard and considered the submissions made at Bar and perused the material available on record.

6. Perusal of the record as well as the affidavit submitted by the concerned Officer-Incharge, i.e., Assistant Commissioner of Police, Sanganer Jaipur (East) indicate that the complainant was informed on his mobile number about filing of the bail application of Mahendra Chhipa on 08.10.2022. Similarly in the case of Manoj Pareek, the complainant was informed on 25.08.2022 on the same mobile number. This fact is narrated in the register maintained by the concerned Investigating Officer and so also in the case diary on the said date. The complainant was informed about filing of the bail application (Criminal Appeals) by the above two accused-persons. It is worthwhile to mention here that the same method was adopted by the concerned Investigating Officer to send information of filing of bail application (Criminal Appeal) by the co- accused Sanjay Sagar. But in his case, the petitioner has not disputed about receiving information on his mobile number. The same mechanism has been adopted by the Investigating Officer in all the three bail matters submitted by the accused-Sanjay Sagar, Manoj Pareek and Mahendra Chhipa. Hence, under these circumstnaces, there was sufficient compliance of the mandatory provision, contained under Section 15-A of the SC/ ST Act and the victim was informed about filing of the bail applications (Crimi