The Criminal Law process is not a refund; Supreme Court: Bail can be granted regardless of the payment of the money involved
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The Supreme Court noted in a recent order that the criminal law process cannot be used to twist an arm and recover money, particularly while opposing a bail prayer. The panel of Judges Dinesh Maheshwari and Hrishikesh Roy noted that refunds were necessary. Primarily within the scope of civil proceedings. There is no justification for adopting such an approach.
The criminal law process cannot be used to twist the arm and recover the money, especially with opposition to the bail prayer, The Supreme Court noted in a recent order.
The bench of Justices Dinesh Maheshwari and Hrishikesh Roy noted that refunds were essentially within the scope of civil proceedings. The court said there was no justification for adopting such a course that, for the purpose of obtaining the pre-arrest bail privilege, the person making the arrest must pay the amount.
In this case, the defendants were alleged to have committed offenses under Sections 406 and 420 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The Patna High Court allowed the anticipatory bail application to record the offer made by one of the accused to pay the sum of Rs 75,000 (seventy five thousand) to the informant.
Before the Supreme Court, the informant claimed that after the procedure was issued under Article 82 of the Code of Criminal Procedure, the claimant should not be granted bail prior to arrest; Obviously, it was a case of illegal solicitation of money and fraud.
The court, while refusing to intervene in the matter, said that these criminal proceedings are being pursued only as money-recovery proceedings. The seat also set aside the condition of payment of INR 75,000.
In this regard, the Authority made the following observations:
Criminal law procedures cannot be used for arm-twisting and refunds
“We have pointed out on more than one occasion that the criminal law process, especially in matters of granting bail, is not similar to the procedures for recovering money but what was observed in this case bears peculiarities of its own.. We would like to stress again that the criminal law process cannot be used in me arm and refund, especially when bail prayers are opposed.The question of whether pre-arrest bail, or normal bail, in a given case, should be whether or not it is accepted must be examined and the court is to exercise discretion with respect to the recorded material and criteria governing sponsorship considerations.
Refund is basically within the scope of civil procedures.
In other words, in a given case, the waiver of pre-arrest bail or ordinary bail can be refused even if the accused has paid the money involved or offered to pay any amount; conversely, in a given case, “the privilege of pre-arrest bail or Ordinary guarantee regardless of any payment or offer of payment. We would like to further stress that, normally, there is no justification for adopting such a course for the purpose of obtaining the privilege of bail ““ on pre-arrest bail, the person making the arrest has to pay the amount. Refunds are basically within the scope of civil procedures.”
Case details
State of Bihar vs Bimla Tiwari | 2023 Live Law (SC) 47 | SLP(Crl) 834-835 of 2023 | January 16, 2023 | Judges Dinesh Maheshwari and Hrishikesh Roy
For the petitioners Mr. Shaurya Sahi, AOR
Headnotes
Criminal Procedure Code, 1973; Section 437-439 – The criminal law process cannot be used to twist an arm and recover money, especially when opposing the bail prayer – the question of whether pre-arrest bail, or in this case normal bail, will be granted in a particular case or need not be examined and the court has to exercise power discretion regarding registered materials and criteria governing warranty considerations. Waiver of pre-arrest bail or normal bail may be refused even if the accused has paid the money involved or offered to pay any amount; Conversely, in a given situation, the waiver of pre-arrest bail or normal bail can be granted regardless of any payment or offer of payment. (paragraph 10)
Criminal Procedure Code, 1973; Article 438 Ordinarily, there is no justification for adopting such a course that the person who is arrested pays the amount, for the purpose of obtaining the privilege of pre-arrest bail. (paragraph 11)
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