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SANJAY KUMAR DWIVEDI
Vishal Kumar, son of Ramakant Pandey – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
This petition has been filed for quashing of the part of the order dated 24.8.2023 passed in B.P. No.1391 of 2023 passed by learned A.J.C.-III, Ranchi in connection with Sukhdeonagar (Pandra O.P.) P.S. Case No.465 of 2022 registered for the offence under sections 406, 420, 467, 468, 471, 504, 506 of IPC, whereby the provisional bail has been directed to the petitioner on the condition to pay Rs.20 lacs on or before 5.10.2023 either through Demand Draft or through online transfer as per the convenience of both the sides and the balance amount to be paid on or before 22.11.2023 and the said provisional bail shall be confirmed on the payment of the amount mentioned in the bail order.
2. Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioner submits that on the aforesaid condition, the petitioner has been released on provisional bail on 24.08.2023 and thereafter the petitioner has challenged the said order before this Court and this Court has issued notice upon the respondent no.5 by the order dated 5.10.2023 and interim
Bail conditions must not be harsh or excessive, as criminal proceedings are not for the realization of disputed dues.
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....
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....
Cancellation of anticipatory bail cannot be based solely on non-fulfillment of compromise terms, which are not recognized as valid grounds under the Criminal Procedure Code.
Cancellation of bail requires evidence of misuse or significant change in circumstances; personal liberty must not be revoked arbitrarily.
Pre-arrest bail – Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing prayer for bail – Recovery of money is essentially within realm of civil ....
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
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