Victim compensation: Interim victim compensation in proceedings for anticipatory bail cannot be imposed as a condition for the same – Question of interim victim compensation cannot form part of the bail jurisprudence – Bail – Code of Criminal Procedure, 1973 – s. 357.
Allowing the appeal, the Court
HELD: 1. Section 357 of the Code of Criminal Procedure provides for order to pay compensation when a court imposes a sentence of fine or a sentence (includinga sentence of death) of which fine forms a part in the circumstances enumerated therein. Sub-section (2) imposes a limitation that when fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed,or if an appeal is presented, before the decision of the appeal. Under sub-section (3), it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Sub-section (4) also provides for the appellate court or the High Court or Court of Sessions to direct payment of compensation when exercising its power of revisions. [Para 9][291-E-G]
2. Victim compensation is simultaneous with the final view taken in respect of the alleged offence, i.e.,whether it was so committed or not and, thus, there is no question of any imposition pre-finality of the matter pre-trial. [Para 10][291-G-H] Sahab alam @ Guddu v. The State of Jharkhand & Anr. Criminal Appeal No. 1318 of 2022, dated 24.08.2022; Udho Thakur and Anr. ETC. v. The State of Jharkhand & Anr. Criminal Appeal Nos.1703-1704 of 2022 dated 29.09.2022; Dharmesh v. State of Gujarat (2021) 7 SCC
198 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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