Supreme Court Refuses To Stay Bail Plea Hearing Of Rape Accused. Here's Why

It will take ten seconds to dictate an order, but it will push a person to lose his liberty and be in jail for one more week, the Supreme Court said today while declining a request from an alleged rape victim to stay the trial court order, listing the bail plea of an accused for hearing.

The top court said everyone should take pride in liberty and no wrong has been done by the trial court by listing the bail plea for hearing on December 7.

A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said: "Ultimately, what wrong has he (Additional District and Sessions Judge, Panaji) done? He has just said that he will hear the bail plea of the accused tomorrow."

The bench added: "On the one hand, we say that trial courts don't grant bails and here is a case where he has just said that he will take up the matter tomorrow. For Supreme Court to stay the trial court order will not be appropriate at this stage. You move the high court for remedy," the bench said.

It ordered that the woman can approach the Bombay High Court bench in Goa tomorrow itself, the day of the bail plea hearing, and challenge the trial court order.

The bench said: "For us, it will take ten seconds to dictate an order, but that person will lose his liberty and be in jail for another one week." It added: "You can move the high court against the trial court order. We must also take pride in liberty. We will not like to interfere when there is a remedy available."

It requested the trial court, which is scheduled to hear the bail plea of the accused, to hear the matter at 3 pm tomorrow.

The bench said, after the woman's appeal is filed and mentioned before it, the high court may take it up for hearing and pass the order as per law.

Senior advocate ADN Rao earlier argued: "If the trial court grants bail to the accused, who is a very influential person, there will be a threat to my life." He urged the top court to stay the trial court order by a week or till the high court disposed of the victim's plea to stay the bail plea hearing.

The case was registered against the accused by the anti-trafficking unit of Panaji on a complaint by the woman who had alleged rape.

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