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. {Para 9}
10. We would reiterate that 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. Putting it in other words, 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.
11. We would further emphasize that, 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.
IN THE SUPREME COURT OF INDIA
Special Leave Petition (Crl.) Nos. 834-835 of 2023 (Diary No. 41186 of 2022)
Decided On: 16.01.2023
Bimla Tiwari Vs. State of Bihar and Ors.
Hon'ble Judges/Coram:
Dinesh Maheshwari and Hrishikesh Roy, JJ.
Citation: MANU/SC/0051/2023.
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