1. FIR under Section 420 IPC for land transaction — pre-arrest bail granted conditional on deposit of amount due. (Para 2 , 3 , 5 )
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2016 Supreme(SC) 1491
SUPREME COURT OF INDIA
RANJAN GOGOI, L. NAGESWARA RAO, JJ.
Jainarayan Gurjar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal Nos. 1194 of 2016 (Arising out of SLP(Crl) No. 7673 of 2016)
Decided On : 05-12-2016
Advocates Appeared:
For the Appellants :H.D. Thanvi, Ms. Preeti Thanvi, Rishi Matoliya, U.N. Goyal, Ms. Ishita Jakhmala, Advocates.
For the Respondents:Pawan Shree, Milind Kumar Advocates.
For the Appellants :H.D. Thanvi, Ms. Preeti Thanvi, Rishi Matoliya, U.N. Goyal, Ms. Ishita Jakhmala, Advocates.
For the Respondents:Pawan Shree, Milind Kumar Advocates.
Important Points
The Court closed criminal proceedings under Section 420 of the Indian Penal Code by making the pre-arrest bail absolute, provided the accused deposited the disputed amount of Rs. 11,00,000/- before the trial court for the complainant.
Subject
Criminal Law - Bail and Pre-trial Release
Act Referred
Headnote
..
Legal Category Hierarchy
Table of Contents
2. Totality of facts — court closed proceedings by making interim bail absolute and directing deposit. (Para 5 , 6 )
3. Pre-arrest bail under Section 420 IPC may be made absolute upon deposit of disputed amount. (Para 3 , 5 )
4. Appeal disposed of; pre-arrest bail made absolute; accused directed to deposit amount due. (Para 5 , 6 , 7 )
5. Can proceedings under Section 420 IPC be closed by making pre-arrest bail absolute upon deposit of the disputed amount?
Yes, where the accused voluntarily offers to pay the amount, the court may close the proceedings and make the interim pre-arrest bail absolute. (Para 3 , 5 )
6. How should the trial court handle the demand draft deposited by the accused?
The trial court shall hand over the demand draft to the complainant only if the complainant approaches the court with such a prayer. (Para 6 )
ORDER :
Leave granted.
2. The F.I.R. filed by the respondent No.2 against the accused-appellant alleges commission of the offence under Section 420 of the Indian Penal Code with regard to a transaction of sale and purchase of a land. In the F.I.R. it is mentioned an amount of Rs. 11,00,000/- (Rupees eleven lakhs only) is due from the accused-appellant.
3. By order dated 28.10.2016, this Court recorded the statement made on behalf of the accused-appellant that a demand draft of Rs. 11,00,000/- (Rupees eleven lakhs only) has been prepared for being handed over to the complainant/first informant. Taking into account the said submission by the said order dated 28.10.2016, this Court granted pre-arrest bail to the accused-appellant and directed that the complainant be added as the respondent No.2 in the special leave petition.
4. An affidavit has been filed by the appellant stating that though he tried to serve notice personally, the same was not accepted by the complainant-respondent No.2.
5. In the totality of the above facts, we are of the view that the present proceedings should be closed by making the interim order of pre-arrest bail dated 28.10.2016 absolute and directing the accused-appellant to deposit a sum of Rs. 11,00,000/- (Rupees eleven lakhs only) before the trial Court within a period of seven days from today. We order accordingly.
6. The said demand-draft may be handed over by the trial Court to the respondent-complainant, in the event the respondent-complainant approaches the trial Court with such a prayer.
7. The appeal is disposed of in the above terms.
