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M.Mariyappan vs The State Represented By on 8 January, 2025

13.In this case, the defacto complainant was served and his name is also printed in the cause list. But he has not chosen to enter appearance in support of the impugned judgment. The Hon'ble Division Bench of Calcutta High Court in the decision reported in 2023 SCC OnLine Cal 3780 (Sudip Mondal Vs State of West Bengal) held that though notice under Section 15A(3) of the Act is mandatory, the presence of the victim or dependent in the course of the proceeding is not mandatory. We are satisfied that the statutory mandate has been met in this case. The appellate Court is not obliged to go in search of the defacto complainant who has chosen not to enter appearance after receipt of notice.

M.Mariyappan vs The State Represented By on 8 January, 2025

13.In this case, the defacto complainant was served and his name is also printed in the cause list. But he has not chosen to enter appearance in support of the impugned judgment. The Hon'ble Division Bench of Calcutta High Court in the decision reported in 2023 SCC OnLine Cal 3780 (Sudip Mondal Vs State of West Bengal) held that though notice under Section 15A(3) of the Act is mandatory, the presence of the victim or dependent in the course of the proceeding is not mandatory. We are satisfied that the statutory mandate has been met in this case. The appellate Court is not obliged to go in search of the defacto complainant who has chosen not to enter appearance after receipt of notice.

Sahil Ramesh Sonavane vs State Of Maharashtra And Anr on 27 February, 2026

12. This court would like to emphasize on the point that the observations made by the division bench of this court are with respect to the regular bail and not the anticipatory bail. The Calcutta High Court in the case Sudip Mondal (supra) differentiated the regular bail and anticipatory bail and while discussing the grant of interim protection without hearing the victim observed as below:
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