1. Allegations under Sections 420, 406, 468, 467, 471, and 120-B, IPC — Application for anticipatory bail under Section 438, CrPC — Conditional grant of bail requiring monetary deposit. (Para 2 )
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2000 Supreme(SC) 772
2000(6) Supreme 486
SUPREME COURT OF INDIA
G.B. Pattanaik & U.C. Banerjee, JJ.
Avinash Arora & Ors. -Appellants
versus
State of U.T. Chandigarh & Anr. -Respondents
Criminal Appeal Nos. 371-372 of 2000
(Arising out of SLP (Crl.) Nos. 3310-3311of 1999)
Decided on 13-4-2000
Important Points
The Supreme Court held that imposing a condition to deposit a substantial sum of money as a prerequisite for granting anticipatory bail under Section 438 of the Code of Criminal Procedure constitutes an improper exercise of judicial discretion.
Subject
Bail - Anticipatory Bail
Act Referred
Headnote
Code of Criminal Procedure, 1973-Section 438-Anticipatory Bail-Condition of depositing Rs. 10 crores-Offence under Sections 420, 406, 468, 467, 47 and 120-B IPC-Appeal contending that condition unjust and improper exercise of discretion under Section 438 Cr.P.C.-Prosecution case that Court ought not have granted bail itself in exercise of discretion in view of nature of accusation-Held, Court committed error in passing conditional order of depositing Rs. 10 crores for grant of anticipatory bail-This cannot be held to be an exercise of judicial discretion-Impugned order set aside and matter remitted to High Court for re-disposal.
Legal Category Hierarchy
Table of Contents
2. Legality of imposing a monetary deposit as a condition for anticipatory bail under Section 438, CrPC — Whether such condition constitutes a proper exercise of judicial discretion. (Para 2 )
3. Imposing a substantial monetary deposit as a condition for the grant of anticipatory bail is an error and does not constitute a proper exercise of judicial discretion. (Para 2 )
4. Conditional orders requiring monetary deposits for the grant of anticipatory bail under Section 438, CrPC, are not a proper exercise of judicial discretion. (Para 2 )
5. Impugned direction set aside — Matter remitted to the High Court for re-disposal of the petition for anticipatory bail under Section 438, CrPC, in accordance with law. (Para 2 , 3 )
6. Whether a court can impose a monetary deposit as a condition for granting anticipatory bail under Section 438, CrPC?
No, the court held that requiring a monetary deposit as a condition for the grant of anticipatory bail is an error and cannot be considered a proper exercise of judicial discretion. (Para 2 )
ORDER
Leave granted.
2. The Appellants have been alleged to have committed offence under Sections 420, 406, 468, 467, 471 and 120-B, IPC. On an application being filed under Section 438 of the Code of Criminal Procedure, the High Court of Punjab and Haryana granted anticipatory bail, subject to deposit of Rs. 10 crores. The Appellants did avail of the order by issuing a cheque of Rs. 10 crores from the IFCI No Lien Account . The earlier order was, however, modified requiring the Appellants to deposit Rs. 10 crores from his own account. It is this order which is now being assailed before us. Mr. Jain, the learned senior Counsel appearing for the Appellants contends that requiring to deposit Rs. 10 crores itself is an unjust order and cannot be held to be proper exercise of discretion by the Court for grant of anticipatory bail under Section 438. Ms. Jaiswal, the learned Counsel for the State as well as the learned Counsel appearing for IFCI contends that the Court ought not to have exercised its discretion under Section 438, in view of the nature of accusation. But the Court having done so by requiring the Appellants to deposit Rs. 10 crores, the same need not be interfered with. Having heard the learned Counsel for the parties, we have no hesitation to come to the conclusion that the Court committed error in passing the conditional order of depositing Rs. 10 crores for grant of anticipatory bail as in our view, this cannot be held to be an exercise of judicial discretion. In that view of the matter, we set aside the impugned direction and remit the matter to the High Court for re-disposal of the petition filed under Section 438 of the Code of Criminal Procedure, in accordance with law.
3. This appeals are disposed of.
(C.R.) Order accordingly.
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