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Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

1. The grant of anticipatory bail must be subject to conditions that are not onerous, unreasonable, or excessive. The conditions should facilitate the accused's appearance before authorities, support the investigation and trial, and ensure community safety. Imposing conditions such as payment of money should not imply that bail can be secured solely through deposit, especially in cases of private disputes involving cheating or civil matters [p_1][p_2].

2. When considering bail, courts should avoid using criminal proceedings as a means to settle civil disputes or recover money. Conditions that resemble civil recovery processes are inappropriate in bail applications and can be deemed excessive or unjustified [p_1][p_2][p_3].

3. Conditions imposed for bail must be reasonable and directly related to the purpose of bail, such as ensuring cooperation with investigation and appearance in court. Imposing conditions that are harsh or unrelated, such as requiring payment of large sums of money, are not justified and can be challenged [p_1][p_2][p_3].

4. The discretion to impose conditions under the relevant criminal procedure provisions must be exercised with restraint. Conditions should not be so onerous as to frustrate the purpose of bail or infringe on personal liberty. Conditions like depositing large sums of money or undertaking civil obligations are generally considered excessive unless justified by exceptional circumstances involving public interest or public money [p_1][p_2][p_3][p_4][p_5].

5. Courts should carefully scrutinize whether the conditions imposed are proportionate and relevant to the case. Imposing conditions such as deposit of large sums or undertaking to pay amounts, especially in civil or private disputes, can be deemed an overreach and may warrant reconsideration [p_1][p_2][p_3].

6. In cases involving civil disputes or allegations of cheating, the criminal process should not be used as a tool for recovery of money. The primary purpose of bail is to secure the appearance of the accused and facilitate investigation, not to resolve civil or monetary disputes [p_3][p_4].

7. When an accused volunteers to deposit money or undertake certain conditions, courts should verify the relevance and reasonableness of such conditions. Unilateral or excessive conditions imposed based on such undertakings may be considered unjustified and can be grounds for remitting the matter for re-evaluation [p_1][p_2][p_3].

8. The legal framework emphasizes that the conditions for bail should be balanced, safeguarding personal liberty while ensuring effective investigation. Conditions that are excessive or unrelated to the case's facts are likely to be invalid and subject to judicial review [p_1][p_2][p_3].

9. The courts should avoid interpreting the law as granting unlimited power to impose any condition they see fit; instead, conditions must be reasonable, relevant, and aimed at facilitating justice and investigation without infringing on constitutional rights [p_1][p_2].

10. Overall, conditions that resemble civil recovery mechanisms or impose disproportionate financial burdens are inappropriate in bail proceedings, especially in cases primarily involving civil disputes or allegations of cheating. The focus should remain on ensuring the accused's cooperation and appearance in court, not on recovering money through bail conditions [p_3][p_4][p_5].

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2023 Supreme(SC) 601

S. RAVINDRA BHAT, DIPANKAR DATTA
Ramesh Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent





Advocates appeared:
For the Petitioner(s): Ms. E. R. Sumathy, AOR
For the Respondent(s): Mr. Shreekant Neelappa Terdal, AOR Mr. Sudhir Mendiratta, AOR

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

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