The Criminal Court cannot exercise as recovery agent in realisation of disputed dues.

Title of the case The criminal High Court exercising the jurisdiction of granting anticipatory bail shall not
impose any conditions In regard to realization of disputed dues.

Case name dilip Singh versus state of Madhya Pradesh

Bench justice Indira Banerjee and justice Sanjeev Khanna

Court Supreme Court

Appellant dilipsing

Respondent state of Madhya Pradesh

Fact Of the case

the dispute herein is of a civil in nature. the complainant had filed a suit Before the trial court for specific
performance to execute a sale deed in regard to the purchase of the agricultural land.The complainant
had also made a contention that despite being paid ₹41,00,000 to the agreement Of the appellant has
not executed the sale deed. Hence,the adjudication is still pending before the trial court

in this case, the High Court while exercising a power to grant anticipatory bail Under the section 438 of
criminal procedure code has imposed a condition on the accused to make a deposit of Rs. 41 Lakhs in
the nature of recovery of a civil suit . Regarding to the impugned order of the High Court the appeal has
preferred by the appellant.

Issue:

Whether The court can act as an recovery agent to realise the dues of the complainant while exercising
jurisdiction to grant bail or anticipatory bail?

Judgment

The court was on a view that while exercising the to grant or refuse the prayer for anticipatory bail is
open to the court to decide depends on the facts and circumstances of the particular case.The court has
also laid on certain factors to be taken into consideration well considering the bail.

1. The nature of accusation ondot 780 of the punishment in case of conviction

2. The nature of materials relied upon by the prosecution
3. reasonable apprehension of tampering with witness or apprehension of threat to the
complainant or the witnesses
4. Reasonable possibility of securing the presence of accused at the time of trial or the likelihood
off abscondence
5. character behaviour and standing of the accused
6. The circumstances which are peculiar or accused and Larger interest of the public or the state
and similar other considerations.

Supreme Court Held that the criminal proceedings are not for realisation of disputed dues And that
too, without any trial.the court has accordingly modified the impugned order Of the High Court by
deleting the direction to deposit of Rs. 41 Lakhs.