Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pre-arrest bail and regular bail Grant of Considerations Bail |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Bail – Pre-arrest bail and regular bail – Grant of – Considerations – Held: The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail – The question as to whether pre-arrest bail, or for that matter regular bail, in a given case is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations – In a given case, the concession of pre-arrest bail or regular bail could be declined even if the accused has made payment of the money involved or offers to make any payment – Conversely, in a given case, the concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment – Ordinarily, there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment – Recovery of money is essentially within the realm of civil proceedings – Criminal Law. |
Judge | N/A |
Neutral Citation | 2023 INSC 45 |
Petitioner | Bimla Tiwari |
Respondent | State Of Bihar & Ors. |
SCR | [2023] 1 S.C.R. 501 |
Judgement Date | 2023-01-16 |
Case Number | 834 |
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