1. Accused charged under Sections 120B, 420, 467, 468, and 471 of the Indian Penal Code, 1860. (Para 2 )
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2025 Supreme(SC) 1445
SUPREME COURT OF INDIA
M.M. SUNDRESH AND RAJESH BINDAL, JJ.
Ravi - Appellant
Versus
State Of Haryana And Another - Respondent
Criminal Appeal No.131 of 2025 (@ SLP(Crl.) No.9773 of 2024)
Decided on : 07-01-2025
The Supreme Court granted anticipatory bail to the appellant, considering his cooperation with the Investigation Officer and the existence of a prior civil suit between the parties, indicating that the dispute may be primarily civil in nature.
Headnote:(A) Indian Penal Code, 1860 - Sections 120B, 420, 467, 468 and 471 - Accused of multiple offences - Appellant's ongoing cooperation with Investigation Officer and the presence of a civil suit involving parties led to the setting aside of the impugned order - Anticipatory bail granted with conditions - Appeal allowed. (Paras 2, 4, 5)
Facts of the case:
The appellant is accused of committing offences under IPC sections and is currently cooperating with the Investigation Officer, while a civil suit is pending between the parties involved in the FIR.
Findings of Court:
The impugned order is set aside, and anticipatory bail is granted to the appellant.
Issues: The main issues revolve around the appellant's cooperation with the investigation and the existence of a civil suit that precedes the current FIR.
Ratio Decidendi: The Court determined that the appellant's appearance before the Investigation Officer and the pending civil suit warranted the setting aside of the impugned order and granting of anticipatory bail.
Result: Appeal allowed.
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2. The court observed the appellant's cooperation with the Investigation Officer and the existence of a prior civil suit between the parties preceding the FIR. (Para 3 )
3. Cooperation with the investigation and the existence of a preceding civil suit between parties are grounds for granting anticipatory bail. (Para 3 )
4. Impugned order set aside, anticipatory bail granted subject to Trial Court conditions, and appeal allowed. (Para 4 , 5 )
5. What factors may justify the grant of anticipatory bail in criminal proceedings?
Cooperation with the Investigation Officer and the existence of a prior civil suit between the parties preceding the FIR are factors that may justify granting anticipatory bail. (Para 3 )
6. How does a preceding civil suit affect the consideration of anticipatory bail?
A civil suit pending between the parties that precedes the filing of the FIR can be a material consideration for the court to grant anticipatory bail. (Para 3 )
7. Who determines the specific terms and conditions for anticipatory bail granted by a higher court?
The Trial Court is empowered to impose terms and conditions as it deems fit for the purpose of the bail. (Para 4 )
ORDER :
1. Leave granted.
2. The appellant has been accused of committing offences punishable under Sections 120B, 420, 467, 468 and 471 of the INDIAN PENAL CODE , 1860.
3. We are inclined to set aside the impugned order as the appellant is appearing before the Investigation Officer and there is a civil suit pending inter se parties (Petitioner and Complainant) preceding the present FIR.
4. Considering the above, the impugned order stands set aside. The appellant is granted anticipatory bail, subject to the terms and conditions that may be imposed by the Trial Court as it deems fit for the purpose.
5. The appeal is allowed accordingly.
6. Pending application(s), if any, shall stand disposed of.
