AI Overview...
- Bail on Ground of Settlement - Main points and insights:
- Several cases highlight that settlement or compromise between parties can influence bail decisions, especially when the offences are compoundable under Section 320 CrPC, such as Sections 467, 468, 471, and 420 IPC. For instance, in sources Davinder Bhadana VS State of Haryana - Punjab and Haryana, Vimal Mahajan VS State Of Punjab - Punjab and Haryana, and Rajesh Dua VS State - Delhi, courts have considered settlement as a factor in granting or canceling bail.
- However, offences under Sections 467 and 468 IPC are generally non-compoundable, as noted in Vimal Mahajan VS State Of Punjab - Punjab and Haryana, which limits the scope of settlement to influence bail in such cases.
- Cancellation of anticipatory bail often occurs if there is a violation of settlement terms, as seen in Fulwanti Devi @ Phulwanti Devi, Wife Of Ishwari Prasad Sahu vs State Of Jharkhand - Jharkhand, where bail was revoked due to non-compliance with settlement conditions.
- Courts have also emphasized that mere non-reaching at settlement or failure to settle is not a sufficient ground to deny bail, especially if the offence is non-compoundable (Davinder Bhadana VS State of Haryana - Punjab and Haryana, SANDEEP CHAUDHARY VS STATE - Delhi).
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The courts sometimes grant interim protection to facilitate settlement discussions but do not base bail solely on settlement prospects (SANDEEP CHAUDHARY VS STATE - Delhi, K. P. Jayaram VS State of NCT Delhi - Delhi).
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Analysis and Conclusion:
- Settlement can be a significant factor in bail considerations, particularly for compoundable offences (e.g., Sections 420, 406 IPC). However, for non-compoundable offences like Sections 467 and 468 IPC, the court's primary concern is the nature of the offence, and settlement alone may not guarantee bail.
- Bail can be canceled if subsequent developments show violation of settlement terms or if the offence is non-compoundable.
- Overall, while settlement influences bail decisions, its impact depends on the specific sections involved and the facts of each case, with courts balancing the interests of justice and the nature of the offence.
References: - Union Bank of India, Mumbai through its Chief Manager, Jamshedpur Branch, Bistupur, Jamshedpur, East Singhbhum VS State of Jharkhand - Jharkhand, Davinder Bhadana VS State of Haryana - Punjab and Haryana, SANDEEP CHAUDHARY VS STATE - Delhi, Anil Taneja VS State Of Haryana - Punjab and Haryana, Rajesh Dua VS State - Delhi, Vimal Mahajan VS State Of Punjab - Punjab and Haryana, K. P. Jayaram VS State of NCT Delhi - Delhi, Fulwanti Devi @ Phulwanti Devi, Wife Of Ishwari Prasad Sahu vs State Of Jharkhand - Jharkhand, Shashi Goil VS State Govt. of NCT of Delhi - Delhi, State Of Haryana VS Anand Singh Dangi - Punjab and Haryana
Search Results for "Bail on the Ground of Settlement in Section 467 468"
2019 0 Supreme(Jhk) 355 • India - Jharkhand
RAJESH SHANKAR
Code of Criminal Procedure - Section 438 – Indian Penal Code - Sections 468, 467, 471, 420, 120B – Bank ... 468, 467, 471, 420, 120B I.P.C. grounds raised therein appears to be factual in nature which cannot be determined in exercise of ... granted to co-accused on the said ground has been cancelled by a Bench of this Court and the said order has been confirmed up to ... after the grant of bail, however in view of express bar contai....
2018 0 Supreme(P&H) 2677 • India - Punjab and Haryana
DAYA CHAUDHARY
he got interim bail to settle the dispute but there was no settlement – Non reaching at compromise is not a ground to decline bail ... instead of dismissing on technical grounds – Bail granted – Indian Penal Code, 1860, S.420 & S.467. ... (A) Criminal Procedure Code, S.439 – Cheating – Bail – Forgery – Regular bail was declined to petitioner only on the ground that ... Now in the present case, the application for r....
2007 0 Supreme(Del) 357 • India - Delhi
A.K.SIKRI
1860 — Sections 406, 420, 467 & 468 — Bail sought in matter involving allegations of cheating etc. — Accused persons obtained payment ... failed to return the same — Interim protection from arrest given by trial court to enable the parties to arrive at an amicable settlement ... Criminal Procedure Code, 1973 ... Section 439 - Indian Penal Code, ... Even if there was some default in making payment in terms of the said settlement, though some amount was paid, #HL_STAR....
2022 0 Supreme(P&H) 784 • India - Punjab and Haryana
PANKAJ JAIN
of sections 467, 468, 471, and 420 of IPC to the FIR and the dispute between the parties pertaining to the settlement of accounts ... Cancellation of Anticipatory Bail - Criminal Procedure Code - Sections 379, 406, 467, 468, 471, 420 of IPC - The court discussed ... registered under Sections 379 and 406 of IPC, with additional sections 467, 468, 471, and 420 of IPC added later on....
2017 0 Supreme(Del) 2731 • India - Delhi
P.S.TEJI
Anticipatory Bail - Forgery of Documents - IPC 420/467/468/471/120B/34 - Section 467 IPC, Section 41A Cr.P.C. ... Issues: The issues revolved around the application of Section 467 IPC and Section 41A Cr.P.C. in the context of arrest and ... The accused was booked under sections 420/467/468/471/120B/34 IPC. ... Therefore, only because FIR/Charge-sheet incorporat....
2022 0 Supreme(P&H) 730 • India - Punjab and Haryana
ANOOP CHITKARA
Compromise - Quashing of FIR - 406, 420 IPC and Section 467, 468, 471, 120-B IPC - [KEYWORD] - [SUBJECT] - [406, 420 IPC, Section ... under Sections 467, 468, and 471 of the Indian Penal Code, 1860. ... 467, 468, and 471 of the Indian Penal Code. ... In the present case the offences under Ss 467, 468 and 471 of Indian Penal Code, 1860 are not compoundable under Section 320 CrPC. ....
2016 0 Supreme(Del) 2348 • India - Delhi
SUNITA GUPTA
Forgery - Anticipatory Bail - Ss. 120B, 406, 409, 420, 467, 468 IPC - S. 438 Cr.PC - Ss. 160, 41A Cr.PC - LG Household Korea - ... IHHL - MOU - License Agreement - Fraudulent Misrepresentation - Quashing of FIRs - Settlement - Custodial Interrogation - Conditions ... Issues: The issues revolved around the nature of the allegations, the previous settlements, and the genuineness of the prosecution ... Apprehending his arrest in case FIR No.69/2010 under Ss. 120B, 406, 409, 420, #HL_STAR....
2025 0 Supreme(Jhk) 900 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Pradeep Kumar Srivastava, J
(A) Indian Penal Code - Sections 406, 420, 467, 468, 471, 34 - Anticipatory bail - Cancellation of bail granted to the petitioners ... The bail was later cancelled based on claims of violation of settlement terms. ... (Paras 8, 11, 13, 15) ... ... (B) Bail - Cancellation - Grounds ... Thereafter, present case was lodged for the offences punishable under Sections 406/420/467/468....
2016 0 Supreme(Del) 701 • India - Delhi
MANMOHAN SINGH
Criminal Procedure Code, 1973 - Section 438 - Penal Code, 1860 - Section 406, 420, 467, 468, 471, 120-B ... - Bail - Forgery - Loan form signed by agent - Undertaking given - Grant of bail - Loan taken by the company - It has been repaid ... from the process of law - Undertaking has been to appear before the concerned court during the course of trial on the time - The bail ... PS EOW, under Section 406/420/467/468/....
2001 0 Supreme(P&H) 1393 • India - Punjab and Haryana
K.C.GUPTA
- Sections 218, 406, 409, 481, 420, 467, 468, 471, 120-B, 13(1)(d) - The court discussed the bail cancellation petition under Section ... Cancellation of Bail - State of Haryana - Section 439(2) Cr.P.C., Section 482 Cr.P.C., IPC, Prevention of Corruption Act, 1988 ... 439(2) Cr.P.C. read with Section 482 Cr.P.C. in relation to FIR No. 3 dated 8.4.2000 under various sections of the IPC and Section ....
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