Murder of Dalit: Supreme Court pulls up Gujarat govt for not appealing against HC order granting bail to accused

The Supreme Court on Monday berated the Gujarat government for not filing an appeal against an order of the Gujarat High Court granting bail to two persons charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) for the murder of a Dalit person [Jayaben vs Tejas Kanubhai Zala]. .A Bench of Justices MR Shah and BV Nagarathna said that the State should filed an appeal against the order since it is the custodian of social interest."By not filing the appeals by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim. We are of the opinion that this was the fit case where the State ought to have preferred the appeals challenging the orders passed by the High Court releasing the accused on bail," the Supreme Court judgment said.The Court was dealing with an appeal by a complainant against the judgment of Gujarat High Court..The accused were facing charges under Indian Penal Code and the SC/ST act after they allegedly killed the deceased who was collecting scrap from an open space behind a factory.The Sessions Court rejected the bail plea. One of the accused, Tejas Kanubhai Zala moved the High Court which allowed the plea and granted him bail.Subsequently, the other accused Jaysukhbhai Devrajbhai Radadiya was also granted bail mainly on the ground that Zala had been granted bail.Feeling aggrieved and dissatisfied with the judgments and orders passed by the High Court releasing the accused on bail, the original complainant preferred the present appeals before the top court..The Supreme Court held that the High court order was unsustainable in law since it was "most perfunctory and casual" as it ignored the gravity of the offence.The apex court also expressed displeasure at the State for not filing an appeal against High Court verdict. "In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book," the Court opined..The court also said that the Director of Prosecution has failed to perform his duties in the instant case. "The post of Director of Prosecution is a very important post insofar as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision," the Court reminded.."Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial," it added..The Court therefore proceeded to allowed the appeal and set aside the High Court order.It also expressed hope that in future the State government/ Legal Department of State government and the Director of Prosecution would take prompt decision in matters where it is found that the accused are released on bail in serious offences..[Read Judgment]