Wemchom Khilak (UDC) 05 September 2014

How to challenge bail granted by lower court

My minor sister of 17 yrs was harrased by a boy of 18 yrs through explicit SMSes, phone calls and assaulted her physically. The police booked him under section 323, 354, 506 IPC. But the Police is reluctant to charge him u/s 11[iv] of POCSO Act. On the other hand the JMFC has granted bail,without giving us chance to oppose the bail.

PS; The accused was remanded to police custody for investigation when bail was grated..

Q1. Can the accused be booked under POSCO Act.

Q2. Can I oppose the bail in CJM's Court.

Kindly suggest. for the sake of Justice.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 05 September 2014

You cannot challenge the order, state has to challenge it

Ashok, Advocate (Lawyer at Delhi) 05 September 2014

(1) Yes, in the facts described by you, Section 11(iv) of POCSO Act is clearly attracted.

(2) Yes, the victim can also challenge the grant of bail to the accused in the higher court (to the Sessions Court or the High Court) if the police is not challenging it. Previously, all the three sections (354, 323, 506 IPC) were bailable, but now Section 354 IPC is non-bailable (with effect from 3^rd Feb 2013). Moreover, Section 12 of POCSO Act (which is the punishment section for offence under Section 11 of the said Act) is also non-bailable. Therefore, you can file an application before the higher court for challenging the grant of bail.

sts abd (owner) 05 September 2014

YES 100% YOU CAN GO IN SESSION COURT OR HIGH COURT . BETTER GO IN SESSION COURT IF REJECTED THEN GO IN HIGH COURT , BUT STILL BETTER GO IN HIGHCOURT .IF YOUR APPAEAL IS ACCPTED THEN OPPOSITE PARTY DO NOT HAVE ANY WAY OUT.