Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court

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Case: Manoj Kumar Sood Vs. State Of Jharkhand

Coram: Justices Indira Banerjee and Krishna Murari

Case No: [ SLP (Crl) 1274/2021]

Case Observation: “In our view the High Court erred in making bail conditional upon furnishing of a bank guarantee which is as good as cash deposit having regard to the condition usually imposed by banks for issuance of bank guarantee”, the court said.

“It is well settled by a plethora of decisions of this Court that criminal proceedings are not for realization of disputed dues. It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case.

The factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character behaviour and standing of the accused; the larger interest of the public or the State and similar other considerations.

A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial.”, the court said while setting aside the condition of furnishing bank guarantee of Rs.53,60,000/-


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