The Honorable Supreme Court has in the case of Sangitaben Shaileshbhai Datanta V. The State Of Gujarat & Anr. ruled that while considering the bail application, ordering the lie detector, brain mapping and Narco-analysis tests on the accused and grandmother, parents of the victim is not only in contravention to the first principles of criminal law jurisprudence but is also the violation of statutory requirements. The bench comprising of Justice NV Ramana and Justice Mohan M Shantanagoudar showed their surprise and thus set aside the impugned order of the High Court.
The bench remarked that, by ordering the above-mentioned tests and venturing into the reports of the same with meticulous details, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed. This assumption of the function of a trial court by the High Court is deprecated. The court also took serious note of the high court order that had disclosed the name of the “victim” throughout the impugned order.
In the instant case, a special appeal has been filed against an order of the high court of Gujarat. An FIR was lodged under Sections 376(2)(f) and 376(2)(i) of the IPC and Sections 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m) and 10 of the POCSO Act, by the Appellant, the grandmother of the "victim". The victim herein is a minor, aged around7 years. Therein, respondent no. 2 approached the High Court for bail and the same was granted. The Ld. Counsel for the appellant as well as the State has brought to the notice of the SC that the present order of the High Court is in clear violation of the settled principles of criminal law jurisprudence and statutory prescriptions. It was also contended by the appellant that, while considering the bail application, the High Court traversed the settled principles of law.
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