CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

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

07 May 2024 8:19 AM

By: Admin


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. 

Latest Legal News