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Criminal · Reportable judgment

Talat Sanvi vs State of Jharkhand & Anr.

Court
Supreme Court of India
Date
24 January 2023
Case No.
Criminal Appeal No. 205 of 2023
Result
Allowed
Bench
Sanjay Kishan Kaul, Abhay S. Oka
Citation
[2023] 1 S.C.R. 289 : 2023 INSC 80
Supreme Court Reports [2023] 1 S.C.R. 289 : 2023 INSC 80
Headnote

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.

Full Judgment Text

The Judgment of the Court was delivered by SANJAY KISHAN KAUL, J. Leave granted. 1. The issue raised in this appeal is that whether interim victim compensation in proceedings for anticipatory bail can be imposed as a condition for the same. 2. We do believe that the impugned order suffers from an infraction of law as the question of interim victim compensation cannot form part of the bail jurisprudence. 3. This issue already stands clarified by the pronouncements of this Court inter alia in Sahab alam @ Guddu v. The State of Jharkhand & Anr. -Criminal Appeal No.1318/2022, dated 24.08.2022
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