Meghalaya High Court rules against bail on humanitarian ground

Meghalaya High Court rules against bail on humanitarian ground

The case of the accused fell under the Protection of Children Against Sexual Offences Act

The Meghalaya High Court has observed that granting of bail on humanitarian grounds is not legally tenable. It has set aside the bail granted to an accused under the Protection of Children Against Sexual Offences (POCSO) Act.

Justice W Diengdoh was adjudicating upon a criminal revision petition wherein the accused had allegedly kidnapped, raped and killed a minor girl.

The counsel, on behalf of the State, said that a special POCSO judge had granted bail to the accused on humanitarian and medical grounds without considering the gravity and nature of the offense. And that the interim order had been issued in a "mechanical manner."

He further pointed out that the jail superintendent had affirmed that the accused had been receiving necessary medical treatment while in custody. It was also contended that the accused was a neighbor of the deceased victim's family. Therefore, he would have easy access to the witnesses and could influence or threaten them. He emphasized the POCSO Act mandated the courts to presume the guilt of the accused until proven otherwise.

On the other hand, the counsel for the accused argued that he had been arrested even though the first information report (FIR) did not name him. He challenged that the nature of the accused's illness due to kidney stone was serious and he required specialty care. Thus, the bail should be granted on health grounds."

Maintaining that the circumstances were not extraordinary, the judge ruled that it would in no way, "endanger the life of the accused." He further stated that the jail authorities were "duty-bound to ensure that proper medical treatment is afforded to the inmates." He added, "There are adequate number of treatment centres and hospitals where the accused could be referred for treatment while in custody."