Section 438 and 439 CRPC Bail Process of criminal law cannot be utilised for arm-twisting and money recovery

• Section 438 and 439 CRPC Bail Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail - Question as to whether pre-arrest bail, or for that matter regular bail, 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 - Bail could be declined even if the accused has made payment of the money involved or offers to make any payment - Held that 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. [Paras 9 to 11]

BIMLA vs STATE OF BIHAR SLCRL 834/23 16/01/23

[ SUPREME COURT ]