I am of the view that in the absence of any provisions in Cr.P.C. in debarring an informant or de facto complainant or victim or an aggrieved party an opportunity of hearing in an application for anticipatory bail but keeping in view the criminal justice delivery system and public policy, it can be held as follows:- i. There is no mandate in law to issue notice to the informant/victim/aggrieved party by the Court before passing any interim order or final order in an application for anticipatory bail. ii. While adjudicating an anticipatory bail application, if the court feels that the informant/de facto complainant/ victim/aggrieved party is required to be heard for an effective adjudication, then the Court can issue notice to such person for giving him a reasonable opportunity of hearing. iii. If the informant/de facto complainant/victim/aggrieved party suo motu appears in Court in an application for anticipatory bail either to support or oppose such application and prays before the Court to give him an opportunity of 39 hearing, the Court may accept such prayer if it feels the necessity of hearing such person in the interest of justice and for the just decision of the case. iv. The counsel for the informant/de facto complainant/ victim/aggrieved party can always appear during hearing of the anticipatory bail application and assist the State Counsel even if he is not awarded a right of audience in the matter by the Court. He can also assist the court if any query is put forth to him. v. Where it appears that there are lot of aggrieved persons and all of them pray before the Court to give them an opportunity of hearing in an application of anticipatory bail, the Court may be reluctant to give them such opportunity if it feels that it would be a time consuming affair or in view of the time constraints, it would not be feasible to give each of them an opportunity of hearing or it would delay the disposal of such application. However if the Court feels in such cases to hear one of the aggrieved parties who can highlight the common grievances of all which is not properly addressed by the State Counsel, the Court can give an opportunity of hearing to such party.
vi. No particular category of cases can be enumerated as to where the informant/de facto complainant/ victim/aggrieved party can be given an opportunity of hearing in an application for anticipatory bail in as much as it would depend upon the nature and gravity of the offences as well as the discretion of the Court which is to be exercised judiciously with reasonable care and caution. vii.If a person is neither an informant nor victim but claim himself to be an aggrieved party and prays for an opportunity of hearing, the Court has to decide whether such person is an aggrieved party in the context of the case or not and if so, whether a right of hearing is to be given to him or not to take a right decision in the matter.
IN THE HIGH COURT OF ORISSA, CUTTACK. BLAPL NO. 19817 OF 2014 An application under section 438 of the Code of Criminal Procedure.
Republic of India
-Versus- ......... Pramod Kumar Panda
P R E S E N T :- THE HONOURABLE MR. JUSTICE S.K. SAHOO . Date of Judgment-15.12.2014 Citation; 2015 ALLMR (CRI)JOURNAL289