State has said bail was given on humanitarian grounds without considering the gravity of offence.
The High Court of Meghalaya has said granting bail to an accused under POCSO Act on humanitarian grounds is not legal. The court made this observation on December 10 while setting aside the bail granted by a special POCSO judge.
The State had challenged the bail, arguing that it was granted on humanitarian and medical grounds without considering the nature and gravity of offence.
Hearing the criminal revision petition seeking to set aside the bail granted to a person who had allegedly abducted, raped and killed a minor, Justice W. Diengdoh observed: “In bail jurisprudence, the concept of granting bail on the humanitarian ground is not so prevalent and the same is not legally tenable which also renders the impugned order to fail the scrutiny of law.”
Chargesheet -A chargesheet had been filed against the accused under Sections 364 (kidnapping or abducting in order to murder), 302 (punishment for murder), 201 (causing disappearance of evidence of an offence or giving false information to screen offender) of the Indian Penal Code besides a relevant Section of the POCSO Act. Counsel for the State submitted that the special judge had issued the order in a “mechanical manner”.