S. RAVINDRA BHAT, DIPANKAR DATTA
Ramesh Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent
Headnote: Read headnote
JUDGMENT :
DIPANKAR DATTA, J.
Leave granted.
2. A disquieting trend emerging over the years which has gained pace in recent times necessitates this opinion. It has been found by us in multiple cases in the past several months that upon First Information Reports being lodged inter alia under section 420 of the Indian Penal Code, 1860 (“the IPC”, hereafter), judicial proceedings initiated by persons, accused of cheating, to obtain orders under Section 438 of the Code of Criminal Procedure, 1973 (“the Cr. PC”, hereafter) are unwittingly being transformed into processes for recovery of the quantum of money allegedly cheated and the courts driven to impose conditions for deposit/payment as pre-requisite for grant of pre-arrest bail. The present case is no different from the others and it is considered appropriate to remind the high courts and the sessions courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail under section 438 of the Cr. PC. and
Grant of Pre-arrest bail (Anticipatory bail) – Conditions to be imposed must not be onerous or unreasonable or excessive – Tests for grant of anticipatory bail are well delineated and stand recognize....
The main legal point established in the judgment is that the conditions imposed for granting anticipatory bail under the Prevention of Money Laundering Act should be just, efficacious, and not excess....
Onerous bail conditions requiring the accused to deposit large sums of money are disapproved by the Supreme Court and convert the criminal case into money recovery proceedings.
Imposing a financial deposit as a condition for bail is impermissible and criminal proceedings cannot be converted into recovery proceedings.
The main legal point established is the discretion of the court in granting bail and the imposition of stringent conditions to ensure the accused's compliance.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
The court has the discretion to grant bail based on the nature of allegations, the accused's criminal history, and relevant legal precedents.
The power to grant Anticipatory Bail is available to the High Court and the Court of Sessions, even when cognizance is taken or a charge-sheet has been filed. The belief that the accused may be arres....
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, the accused's criminal antecedents, and the need to prevent i....
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