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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Didar Singh – Appellant
Versus
State of NCT of Delhi – Respondent
Headnote: Read headnote
JUDGMENT :
GIRISH KATHPALIA, J.
1. The accused/applicant seeks anticipatory bail in case FIR No. 675/2022 of PS Subhash Place for offence under Section 406 /420/120B IPC.
1.1 As reflected from record, the accused/applicant Didar Singh as well as his father Darshan Singh are accused persons in the subject FIR and both of them filed anticipatory bail applications, which were being taken up together. But unfortunately, Sh. Darshan Singh passed away and now the anticipatory bail application of only Didar Singh is being taken up.
1.2 As further reflected from record, the matter kept getting adjourned repeatedly before the predecessor benches on the ground of settlement between the accused/applicant and the complainant de facto. Before the predecessor benches, the matter was also sent to the Mediation Centre, Delhi High Court and across repeated adjournments, the settlement amount was being paid in instalments.
1.3 All through, the accused/applicant remained under inte
Bail courts should not function as recovery agents; criminal liability cannot be dismissed on the grounds of civil transactions or payments made.
The court emphasized that giving false undertakings and misleading the courts amounts to a travesty of justice.
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.
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....
Bail conditions must not be harsh or excessive, as criminal proceedings are not for the realization of disputed dues.
The court's decision was influenced by the nature of the allegations, role attributed to the accused, and the settlement arrived at between the parties, as well as the relevant legal provisions and p....
Anticipatory bail can be granted even when Non-Bailable Warrants are issued, depending on the specifics of the case and the applicant's willingness to cooperate with the investigation.
The main legal point established in the judgment is that delay in filing an FIR, along with the content of relevant documents and the scope of Section 438 of the Cr.P.C., can be valid considerations ....
The court ruled that where the main accused in a case has died, allegations stemming from civil transactions do not constitute a criminal offence, necessitating anticipatory bail for related appellan....
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