'Anticipatory Bail Condition Directing Panchayat Teacher To Return Her Salary Not Legally Sustainable': SC Sets Aside Patna HC Direction

The Supreme Court set aside an anticipatory bail condition imposed by Patna High Court directing a Panchayat Teacher to return her salary.

The bench of Justices Ajay Rastogi and CT Ravikumar observed that such conditions are neither justified nor required to be imposed while granting anticipatory bail.

Divya Bharti, a Panchayat Teacher, had approached the Patna High Court seeking anticipatory bail after an FIR came to be registered against her for offence under Sections 420, 467, 468, 471 & 120B of IPC. The High Court granted her pre-arrest bail on the condition that she will return the salary which she has received while working as a Panchayat Teacher. It was directed that she shall return the entire amount drawn by her as salary in eighteen equal monthly installments and that she shall not claim for her appointment as Panchayat Teacher.

In her Special Leave Petition before the Apex Court, she questioned this direction and contended that such onerous conditions being put by the High Court while granting pre-arrest/post-arrest bail is unsustainable.

"We are of the view that the additional condition of returning the amount drawn by her as salary on appointment as Panchayat Teacher is neither justified nor required under the law while grant of pre-arrest bail to her.", the bench observed while setting aside this direction.

Case details

Divya Bharti vs State of Bihar | 2022 LiveLaw (SC) 961 | SLP(Crl) 8498/2022 | 14 Nov 2022 | Justices Ajay Rastogi and CT Ravikumar

For Petitioner(s) Mr. Binay Kumar Das, AOR Ms. Priyanka Das, Adv. Ms. Neha Das, Adv. Mr. Ajai Kumar, Adv. For Respondent(s) Mr. Manish Kumar, AOR

Headnotes

Code of Criminal Procedure, 1973 ; Section 438 - Anticipatory Bail - SLP against order of HC that imposed anticipatory bail condition that accused will return the salary which she has received while working as a Panchayat Teacher -  Allowed - Additional condition of returning the amount drawn by her as salary on appointment as Panchayat Teacher is neither justified nor required under the law while grant of pre-arrest bail to her - HC direction in not sustainable legally and hence set aside.

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