Home Case Index All Cases Indian Laws Indian Laws + SCH Indian Laws - 2021 (3) TMI SCH This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 1418 - SCH - Indian LawsGrant of bail - imposition of a condition of furnishing of a bank guarantee - case is that the High Court erred in making bail conditional upon furnishing of a bank guarantee which is as good as cash deposit having regard to the condition usually imposed by banks for issuance of bank guarantee - HELD THAT:- By imposing the condition of furnishing bank guarantee of Rs.53,60,000/-, the High Court has, in an application for bail under Section 439 of the Criminal Procedure Code, virtually issued directions in the nature of attachment before judgment in a civil suit, if not recovery of dues without trial. It is well settled by a plethora of decisions of this Court that criminal proceedings are not for realization of disputed dues. It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case. The factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character behaviour and standing of the accused; the larger interest of the public or the State and similar other considerations. A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial. As held by this Court in ANIL MAHAJAN VERSUS BHOR INDUSTRIES LTD. AND ORS. [2004 (10) TMI 621 - SUPREME COURT], the substance of the complaint is to be seen. If criminal proceedings are unwarranted, there can be no question of custody and in no circumstance can bail be made subject to the terms, which tantamount, in effect, to execution at the inception. It is deemed appropriate to modify the order of the High Court impugned by deleting conditions (iv) and (viii) extracted hereinabove, that is, the condition of furnishing bank guarantee of Rs.53,60,000/- - SLP disposed off.
|