Yesterday, the Court upheld the grant of anticipatory bail to Chandran but expunged the controversial observations.
In its order, the Court reiterated the views of the Supreme Court in Aparna Bhat v State of Madhya Pradesh – that the dress, behaviour, or past conduct of the victim should not enter the verdict while granting bail to the accused and the judges should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
“The Apex Court in Aparna Bhat (supra) has held that discussion about the dress, behaviour, or past conduct of the victim should not enter the verdict while granting bail to the accused. It was further observed in the said judgment that the Judges should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court. For these reasons, the remarks in the impugned order regarding provocative dress of the victim cannot be sustained and they are hereby expunged,” the order stated.
Source: Barandbench
