In this reportable decision of Supreme Court, it was held that the process of criminal law, particularly in matters of grant of bail, is not akin to money recovery proceedings. Recovery of money is essentially within the realm of civil proceedings.
From Paras 9-11,
9. We have indicated on more than one occasion that the process of criminal law, particularly in matters of grant of bail, is not akin to money recovery proceedings but what has been noticed in the present case carries the peculiarities of its own.
10. We would reiterate that the process of criminal law cannot beutilised 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 begranted or not is required to be examined and the discretion isrequired to be exercised by the Court with reference to the material on record and the parameters governing bail considerations. Putting it in other words, in a given case, theconcession of pre-arrest bail or regular bail could be declined even if the accused has made payment of the money involved oroffers 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.
11. We would further emphasize that, ordinarily, there is nojustification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the personapprehending arrest ought to make payment. Recovery of money is essentially within the realm of civil proceedings.
From Para 15,
Bimla Tiwari Vs State of Bihar and Ors on 16 Jan 2023
15. Thus, it is noticed that these criminal proceedings are being prosecuted only as money recovery proceedings. We have expressed reservations even as regards the aforesaid order dated 10.03.2022, wherein the High Court has proceeded on the propositions of offer made by the co-accused of payment of the sum of Rs.6,00,000/- (six lakhs) and acceptance thereof by the informant (present petitioner). However, since the said order is not before us, we would refrain from making any directions in that regard and else, in our view, even the said order too, on the proposition of granting bail with reference to payment, has its own shortcomings.
16. Even when we are not modifying the condition in the said order dated 10.03.2022 for the same being not before us, so far as the impugned order dated 14.11.2022 is concerned, in our view, it shall be in the interest of justice to annul the requirement of payment of a sum of Rs. 75,000/- (seventy-five thousand) by the accused-respondent No. 2. Hence, the order granting pre-arrest bail to the respondents stands affirmed but, the condition therein, of payment of Rs.75,000/- (seventy-five thousand) by the respondent No.2, stands annulled.
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