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Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs

Rintu Mariam Biju
3 Oct 2022 3:08 PM GMT
Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
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Opining that petitions seeking pre arrest bail are not same as money recovery proceedings petitions, the Supreme Court of India recently annulled a condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail.

A Division Bench of Dinesh Maheshwari and Bela M Trivedi observed,
"Even if we take the submissions of the learned counsel for the contesting respondent on its face value, we are clearly of the view that in essence, the petitions seeking relief of pre arrest bail are not money recovery proceedings and, ordinarily, there is no justification for adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person concerned apprehending arrest has to make payment."
The Bench was considering an appeal plea filed challenging the order of the Jharkhand High Court granting pre-arrest bail to the appellants on the condition that they furnish a bond of Rs.25,000/- and deposit a demand draft Rs.7,50,000/- as an ad-interim victim compensation.
The counsel appearing for the No. 2 has submitted 1 that the expression "victim compensation" as used in the impugned order may not be apt as it was not a case of recovery of victim compensation, But otherwise, the condition cannot be said to be unjustified or onerous because receiving of the said sum of Rs. 7,50,000/- by the appellants at the time of marriage has not been a fact in dispute.
The counsel appearing for the state government relied on several orders against imposing the terms of payment for the purpose of granting the relief of pre-arrest bail and remitting the matter for re-consideration.
The Court then modified the order of the High Court in the present matter, without remitting the matter back to the High Court.
"Having regard to the circumstances, in our view, the said condition of depositing a sum of Rs.7,50,000/- for the purpose of granting the relief of pre-arrest bail cannot be approved and else, the order granting bail deserves to be maintained. Hence, we are of the view that no useful purpose would be served by sending the matter for reconsideration to the High Court and the order impugned deserves to be modified appropriately in these appeals only."
The top Court clarified that the order is modified in the manner-releasing the appellants on bail in the event of arrest on furnishing bond of Rs. 25,000/ will remain intact but the other part of the order, requiring the appellants to deposit a sum of Rs. 7,50,000/- has been annulled.
With these observations, the Court disposed of the plea.
Case Title: Udho Thakur Vs State Of Jharkhand | Criminal Appeal Nos. 1703-1704 Of 2022
Citation : 2022 LiveLaw (SC) 815
Code of Criminal Procedure 1973 - Section 438 - Petitions seeking relief of pre arrest bail are not money recovery proceedings-Supreme Court sets aside condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail.

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