Case 25 of 30 in Law Easy's Supreme Court criminal procedure series. Jagjeet Singh v. Ashish Mishra alias Monu, Supreme Court of India (three judges), decided April 2022.
FACTS
The case arose from the Lakhimpur Kheri incident in Uttar Pradesh in October 2021, in which farmers returning from a protest were allegedly run over and several died. The son of a union minister was among the accused, the High Court granted him bail, and the victims' families appealed saying they had not been given an effective hearing.
WHAT THE COURT HELD
The Supreme Court held that a victim has a legally vested right to be heard at every stage of the criminal proceedings, from investigation to the end of any appeal or revision. The victim is not the same as the complainant or informant. Because the victims were denied a fair and effective hearing, the High Court's bail order was set aside and the matter sent back for fresh decision after hearing them, without any view on the merits of bail.
CURRENT LAW
Section 2(1)(y) B.N.S.S. defines victim, and the words limiting it to loss or injury from the act for which the accused is charged have been dropped, so a person can be a victim before charge. It includes the guardian or legal heir.
WATCH MORE
All 30 cases in order (playlist):
https://www.youtube.com/playlist?list=PLYOVyhaD5Gdw
Complete lecture with case-wise chapters (1 hr 52 min):
https://youtu.be/xrBwaWooHmg
Previous case (Case 24): Mallikarjun Kodagali v State of Karnataka (2018) -
https://youtu.be/vmNj4plAECY
Next case (Case 26): Mahender Chawla v Union of India (2018) -
https://youtu.be/-aERfKlwrx0
Notes and resources:
https://www.thelaweasy.com
Useful for LL.B., CLAT PG, UGC NET Law and Judiciary exam preparation. This video is for education only and is not legal advice.
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