Victim's rights to notice and participation in bail proceedings under S.15-A of the Act are mandatory.

1. The appellant herein has been convicted for offence punishable under S.302 of IPC and S.3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter ''Act of 1989'').

2. Since the matter is listed for hearing on the application for suspension of sentence and grant of bail as the appellant has also been convicted for offence under S.3(2)(v) of the Act of 1989, the question for consideration would be, whether the victim / dependent is required to be noticed and heard on I.A. No. 1, application for suspension of sentence and grant of bail ?

3. In order to answer the question, provisions contained under S.15 - A of the Act of 1989 which relates to rights of victims and witnesses may be referred herein. S.15 - A of the Act of 1989 contains important provisions that safeguards the rights of victims of caste - based atrocities and witnesses. Sub-section (3) of S.15 - A of the Act of 1989 confers the right to reasonable, accurate and timely notice of any Court proceedings including any bail proceeding upon the victim or his / her dependent. Sub-section (5) of S.15A of the Act of 1989, entitles the victim or his / her dependent to be heard at any proceeding in respect of bail / sentence / conviction.

4. At this stage, it would be appropriate to notice sub-sections (1) to (5) of S.15 - A of the Act of 1989, which states as under : -
"15 - A. Rights of victims and witnesses.
(1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.
(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty.
(3) A victim or his dependent shall have the right to reasonable, accurate and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.
(4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or material, witnesses or examine the persons present.
(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing."

5. Sub-sections (3) and (5) of S.15 - A of the Act of 1989 came up for consideration before the Supreme Court recently in the matter of Hariram Bhambhi v. Satyanarayan and Another 2021 SCC Online SC 1010 : (AIR 2021 SC 5610) in which their Lordships of the Supreme Court approved the decision rendered by the Gujarat High Court in the matter of Hemal Ashwin Jain v. Union of India R / Special Civil Application No. 6369 of 2020 and held that sub- section (3) and (5) of S.15 - A of the Act of 1989 is mandatory in nature. It has been observed by their Lordships in paragraphs 17 and 18 as under : -
"17. The Gujarat High Court in Hemal Ashwin Jain v. Union of India observed that :
"37. The victims, even today have no semblance of rights at the investigation stage and a feeble position at the trial stage of a criminal prosecution
53. We are also not impressed by the argument of Mr. Popat that S.15 - A(3) of the Amendment Act should be construed as directory and not mandatory. As is evident from a plain reading of the section quoted above,