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SCModfi Ord DRCTNG Acused To Pay 20%of Cheq Amt As Bail Cond in NIAct

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21 views3 pages

SCModfi Ord DRCTNG Acused To Pay 20%of Cheq Amt As Bail Cond in NIAct

Uploaded by

rockybhaikgf2802
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We take content rights seriously. If you suspect this is your content, claim it here.
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VERDICTUM.

IN
1

ITEM NO.7 COURT NO.12 SECTION II-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6298/2024

(Arising out of impugned final judgment and order dated 04-03-2024


in CRM No. 5495/2023 passed by the High Court Of Judicature At
Patna)

ANJALI KUMARI Petitioner(s)

VERSUS

THE STATE OF BIHAR & ANR. Respondent(s)

IA No. 106991/2024 - EXEMPTION FROM FILING O.T.)

Date : 11-07-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR


HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s) Mr. Sunil Kumar Verma, AOR

For Respondent(s) Mr. Samir Ali Khan, AOR


Mr. Pranjal Sharma, Adv.
Mr. Kashif Irshad Khan, Adv.

Sameer Kumar, AOR


Mr. Shah Rukh Ahmad, Adv.
Ms. Somi Sharma, Adv.
Mr. Mandeep Baisala, Adv.

UPON hearing the counsel the Court made the following


O R D E R

Leave is sought for to assail the judgment and order dated

4.3.2024 passed by the High Court of Judicature at Patna in

Criminal Miscellaneous No. 5495 of 2023.

Heard learned counsel for the petitioner, learned counsel

appearing for the State and also learned counsel for the

complainant-caveator.

The petitioner is facing trial under Section 138 of the


VERDICTUM.IN
2

Negotiable Instruments Act. Earlier, the petitioner was granted

anticipatory bail and on the ground of its violation, non-bailable

warrant was issued against the petitioner. She moved the trial

court seeking recall of the warrant and enlargement on bail. The

said application was disposed of. While considering the same, the

trial court passed an order that the petitioner be released on bond

of Rs.20,000/- with two sureties of the like amount and with the

further direction that the applicant should pay 20% of the cheque

amount to the complainant on the next date as a condition. It is

challenging the said condition that the petitioner had moved the

High Court by filing Criminal Miscellaneous No. 5495/2023 which

culminated in the impugned order.

It is shocking that despite the decisions of this Court

deprecating the practice of putting conditions partaking the nature

of recovery, such orders are being issued. In that regard, learned

counsel for the petitioner brought to our attention the decision in

“Ramesh Kumar vs. The State of NCT of Delhi”, [2023 INSC 596].

This Court deprecated the practice to reducing the process of

criminal law into money recovery proceedings. It was held that the

process of criminal law could not be utilized for arm-twisting and

money-recovery. Particularly, while opposing the prayers for bail.

In such circumstances, we have no hesitation to hold that the very

condition to get released, the petitioner should pay 20% of the

cheque amount, cannot be sustained. The upshot of the discussion

is that the impugned orders invite modification in relation to the

said condition.

In the said circumstances, order dated 4.1.2022 passed by the


VERDICTUM.IN
3

Judicial Magistrate, First Class, Bihar Sharif, Nalanda, which is

confirmed by the High Court under the impugned order stands

modified only as relates the condition requiring the petitioner to

pay 20% of the cheque amount by setting aside the same. In other

words, the grant of bail to the petitioner and conditions, if any,

imposed therefor, other than the one set aside, would remain

intact.

The special leave petition is disposed of as above.

Pending application(s), if any, stands disposed of.

(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)


DY. REGISTRAR COURT MASTER (NSH)

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