Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme Court

The bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Hima Kohli in the present matter was hearing a special leave petition filed assailing the order dated June 8, 2021 by the High Court of Telangana wherein the High Court while granting anticipatory bail had directed the accused to cancel the registered sale deed executed by him and return the money received from the complainant.

"The petitioner/accused shall cooperate in the investigation and shall furnish all the registered documents before the investigating authorities and he shall take steps to cancel the registered sale deeds executed in favour of the vendees within two months from today, and shall also return the consideration amount received through the said registered sale deeds within two months from today, failing which, liberty granted to the petitioner shall stand cancelled automatically and he shall be taken into custody forthwith," condition by High Court read.

Aggrieved by the said condition, the accused had approached the Top Court.

Opining that ends of justice would be met if the said condition was deleted from the impugned order, the bench noted while modifying the order,

"We are, prima facie, of the considered view that the High Court ought not to have imposed the said Condition No.(iii), while granting anticipatory bail to the petitioner, as it would tantamount to adversely affect the rights of the parties to the registered documents, which can be adjudicated upon by a Civil Court only.

While disposing the SLP, the bench also made clear that the other remaining conditions regarding anticipatory bail had to remain intact.

Case Title: Syed Afsar Pasha Quadri v The State of Telangana

Citation : LL 2021 SC 474

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