Process Of Criminal Law Not For Money Recovery ; Bail Can Be Granted Irrespective Of Payment Of Money Involved : Supreme Court

The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail, the Supreme Court observed in an order passed recently.

The bench of Justices Dinesh Maheshwari and Hrishikesh Roy observed that the recovery of money is essentially within the realm of civil proceedings. There is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment, the court said.

In this case, accused were alleged of committing offences under Sections 406 and 420 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The Patna High Court allowed their anticipatory bail application recording the offer made by one of the accused of making payment of a sum of Rs.75,000/- (seventy-five thousand) to the informant. 

Before the Apex Court, the informant contended that, after issuance of process under Section 82 CrPC, prayer for pre-arrest bail ought not to have been granted; and that it had clearly been a case of illegal demand of money and cheating.

The bench, while refusing to interfere with this order, the court said that these criminal proceedings are being prosecuted only as money recovery proceedings. The bench also set aside the condition of payment of Rs.75,000/- .

In this regard, the bench made the following observations:

Process of criminal law cannot be utilised for arm-twisting and money recovery

"We have indicated on more than one occasion that the process of criminal law, particularly in matters of grant of bail, is not akin to money recovery proceedings but what has been noticed in the present case carries the peculiarities of its own.. We would reiterate that the process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail. The question as to whether pre-arrest bail, or for that matter regular bail, in a given case is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations."

Recovery of money is essentially within the realm of civil proceedings.

"Putting it in other words, in a given case, the concession of pre-arrest bail or regular bail could be declined even if the accused has made payment of the money involved or offers to make any payment; conversely, in a given case, the concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment.  We would further emphasize that, ordinarily, there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment. Recovery of money is essentially within the realm of civil proceedings."

Case details

Bimla Tiwari vs State of Bihar | 2023 LiveLaw (SC) 47 | SLP(Crl) 834-835 OF 2023 | 16 Jan 2023 | Justices Dinesh Maheshwari and Hrishikesh Roy

For Petitioner(s) Mr. Shaurya Sahay, AOR 

Headnotes

Code of Criminal Procedure, 1973; Section 437-439 - The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail - The question as to whether pre-arrest bail, or for that matter regular bail, in a given case is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations. The concession of pre-arrest bail or regular bail could be declined even if the accused has made payment of the money involved or offers to make any payment; conversely, in a given case, the concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment. (Para 10)

Code of Criminal Procedure, 1973; Section 438 - Ordinarily, there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment. (Para 11)

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