Pre-Arrest Bail Not Meant for Money Recovery: Supreme Court

In a recent judgment, the Supreme Court of India has emphasized that the process of granting pre-arrest bail should not be utilized as a means of money recovery. The Court highlighted that the purpose of bail considerations is to examine the material on record and make a decision accordingly. The judgment, delivered by a bench comprising Hon'ble Mr. Justice Dinesh Maheshwari and Hon'ble Mr. Justice Hrishikesh Roy, sheds light on the principles governing the grant of pre-arrest bail.

The case, titled Bimla Tiwari v. State of Bihar & Ors., involved a challenge to the High Court's order granting pre-arrest bail to the accused respondents subject to the condition of making a specified payment. The petitioner, Bimla Tiwari, contended that bail should not have been granted after the issuance of process under Sections 82 and 83 of the Code of Criminal Procedure, 1973.

The Supreme Court, in its observation, stated, "The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail." The Court clarified that the decision to grant pre-arrest bail or regular bail should be based on the material on record and the parameters governing bail considerations. It further emphasized that the recovery of money is primarily within the realm of civil proceedings and should not be a determining factor in granting bail.

The Court also took note of a previous order where a co-accused had made a payment to the petitioner, which was accepted. However, since that specific order was not before the Court, it refrained from making any directions regarding it.

Consequently, the Supreme Court dismissed the petitions challenging the High Court's order and affirmed the grant of pre-arrest bail to the respondents. However, the Court annulled the requirement of payment imposed on accused-respondent No. 2.

This judgment sets an important precedent, clarifying the purpose of pre-arrest bail and emphasizing that it should not be used as a means of money recovery. The decision reinforces the principle that the grant of bail should be based on the merits of the case and the considerations of justice, rather than financial arrangements.

Date of Decision: January 16, 2023

BIMLA TIWARI vs STATE OF BIHAR & ORS.