Recovery of money is essentially within the realm of civil proceedings
Delhi Development Authority vs Manpreet Singh | Section 24(2) of RFCTLARR Act | Subsequent Purchaser | CA 277 OF 2023 | 16 Jan 2023 | Justices M R Shah and CT Ravikumar
Bimla Tiwari vs State of Bihar | Sections 437 to 439 CrPC | Anticipatory and Regular Bail | Money Recovery Proceedings | SLP(Crl) 834-835 OF 2023 | 16 Jan 2023 | Justices Dinesh Maheshwari and Hrishikesh Roy | 2023 LiveLaw (SC) 47 | 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. 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. 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. 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.