NDLI: Ramesh Kumar Vs. The State of Nct of Delhi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Anticipatory bail
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Payment of amount as a condition precedent for grant of bail – Legality of – An FIR was registered u/ss. 420, 406 r/w s. 34 – As per the FIR, an agreement to sell was executed by and between the builder and the complainants – Complainants had made payment of Rs. 17,00,000/- by issuing cheques favouring the appellant-owner allegedly on the instructions of the builder – Complainants were not handed over the floor which they intended to purchase – Apprehending arrest, the appellant moved an application u/s 438 Cr.P.C. before the trial court, which was dismissed – Appellant approached High Court – High Court granted bail to the appellant upon a condition of depositing Rs. 22,00,000/- – Appellant failed to deposit the said amount – Bail granted to the appellant u/s. 438 Cr.P.C. got revoked – On appeal, held: The conditions to be imposed must not be onerous or unreasonable or excessive – All such conditions that would facilitate the appearance of the accused before the investigating officer/court, unhindered completion of investigation/trial and safety of the community assume relevance – However, inclusion of a condition for payment of money by the applicant for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated – That is really not the purpose and intent of the provisions for grant of bail – It is in exceptional cases such as where an allegation of misappropriation of public money by the accused is levelled and the accused while seeking indulgence of the Court to have his liberty secured/restored volunteers to account for the whole or any part of the public money allegedly misappropriated – This approach would be in the larger interest of the community – However, such an approach would not be warranted in cases of private disputes where private parties complain of their money being involved in the offence of cheating – In the instant case, the High Court ought to have realized that having regard to the nature of dispute between the parties, which is predominantly civil in nature, the process of criminal law cannot be pressed into service for settling a civil dispute – If at all the offence alleged against the appellant is proved resulting in his conviction, he would be bound to suffer penal consequence(s) but despite such conviction he may not be under any obligation to repay the amount allegedly received from the complainants.
Judge	Hon'ble Mr. Justice Dipankar Datta
Neutral Citation	2023 INSC 596
Petitioner	Ramesh Kumar
Respondent	The State Of Nct Of Delhi
SCR	[2023] 9 S.C.R. 1165
Judgement Date	2023-07-04
Case Number	1741

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Ramesh Kumar Vs. The State of Nct of Delhi

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