Mahesh Pahade Versus State of Madhya Pradesh
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 389 - Suspension of sentence pending the appeal; release of appellant on bail
Section 376 B - Intercourse by public servant with woman in his custody
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
Criminal Appeal, 933 of 2014, Judgment Date: Jul 18, 2018
Though it is the responsibility of the State to bring the accused to law but in such process the actual sufferer of crime cannot be permitted to stay outside the law and to watch the proceedings from hindsight. It will be travesty of justice if the victims of such heinous crime are denied right to address their grievances before the courts of law. - Relied upon - Declaration of "Basic Principles of Justice of Victim for Crime and Abuse of Power" adopted in 96th plenary meeting of the General Assembly on 29th November 1985.
Once right of appeal has been given to a victim, it shall include all ancillary rights which are attached with the right to appeal. Such right to appeal will include right to seek cancellation of bail if the victim is aggrieved against such an order, as it is her rights and honor, which is in issue apart from the crime against humanity protected by the State.
Mahesh Pahade Versus State of Madhya Pradesh