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    Dilip Singh - Vs - State of Madhya Pradesh

    Uploaded by

    Puneeth Sharma

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Dilip Singh - Vs - State of Madhya Pradesh

    Uploaded by

    Puneeth Sharma
    34 views2 pages

    Original Title

    dilip singh -vs- state of madhya pradesh

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    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    34 views2 pages

    Dilip Singh - Vs - State of Madhya Pradesh

    Uploaded by

    Puneeth Sharma

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    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.

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