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SUPREME COURT OF INDIA
ABHAY S. OKA, PANKAJ MITHAL, JJ.
Shane George Dsouza – Appellant
Versus
State of NCT of Delhi – Respondent
Criminal Appeal No. 3080 of 2023 (Arising out of S.L.P. (Crl.) No. 4016 of 2023)
Decided on : 04-10-2023
[BAIL] - [CONDITIONS OF BAIL] - [The court emphasized that imposing a condition of deposit as part of bail is not permissible, reiterating that criminal proceedings should not be turned into recovery proceedings. The court found no justification for the condition requiring a deposit of Rs. 10,00,000/- and set aside that specific clause while upholding other conditions.]
Fact of the Case:
The appellant was accused of cheating involving Rs. 37,00,000/- under various sections of the Penal Code and the Indian Technology Act. The Sessions Court granted bail with a condition to deposit Rs. 10,00,000/- for the victim, which the appellant contested.
Finding of the Court:
The court found that the condition of deposit was unjustified and contrary to established legal principles regarding bail. It reiterated that bail conditions should not convert criminal proceedings into recovery actions.
Issues: Whether the condition of depositing Rs. 10,00,000/- as part of bail is lawful and justified under the circumstances of the case.
Ratio Decidendi: The court held that imposing a financial deposit as a condition for bail is not permissible, as it contradicts the principle that criminal proceedings should not serve as a means for recovery of debts.
Final Decision: The appeal was allowed, and the specific condition of depositing Rs. 10,00,000/- was set aside, while other conditions of bail remained intact.
ORDER
1. Leave granted.
2. Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondent.
3. First Information Report was filed making allegations of commission of offences under Sections 419, 420 and 120B of the Penal Code, 1860 and Sections 66C and 66D of the Indian Technology Act, 2000. The allegation of the prosecution is that the present appellant has cheated the complainant and the amount involved is about Rs. 37,00,000/- (Rupees thirty seven lakhs). The Sessions Court by the order dated 18th January, 2023 granted bail to the appellant subject to the condition of deposit of a Demand Draft in the sum of Rs. 10,00,000/- (Rupees ten lakhs) in the name of the Trial Court. A direction was issued that the Trial Court may release the said amount to the victim. The appellant moved the High Court seeking waiver of the condition of deposit of Rs. 10,00,000/- (Rupees ten lakhs). The High Court rejected the said prayer by the impugned order. However, time to deposit the amount was extended.
4. This Court has repeatedly held that the condition of deposit of such amount cannot be a condition of bail. In this case, the appellant had not volunteered to deposit the sum of Rs. 10,00,000/- (Rupees ten lakhs). The direction in the order dated 18th January, 2023 is not only of imposing a condition on the appellant of bringing a sum of Rs. 10,00,000/- (Rupees ten lakhs) to the Trial Court but a permission has been granted to release the amount to the victim. It is a settled law that criminal proceedings cannot be converted into recovery proceedings.
5. Hence, in the facts of the case, there was no justification for imposing the condition of deposit of Rs. 10,00,000/- (Rupees ten lakhs). Accordingly, the appeal must succeed and we set aside clause (a) of the operative part of the order dated 18th January, 2023 passed by the Additional Sessions Judge-05, New Delhi District, Patiala House Courts, New Delhi. The rest of the conditions shall remain as it is.
6. The appeal is accordingly allowed.
Imposing a financial deposit as a condition for bail is impermissible and criminal proceedings cannot be converted into recovery proceedings.
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....
While granting bail, the Court should not impose onerous conditions.
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.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
Bail – An order for refusal of bail inherently carries certain characteristics of an interlocutory order – Order rejecting prayer for bail does not disempower Court from considering such plea afresh ....
Bail conditions should not be so strict as to be incapable of compliance, making the grant of bail illusory.
Conditions for anticipatory bail must be imposed with judicious application of mind, and the recovery of public money cannot be a condition for bail.
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