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Bikash Manna v. The State of West Bengal

Criminal Appeal · 2018 INSC 72Decided 30 Jan 2018
Criminal Appeal No. 195 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant had been denied anticipatory bail protection under Section 438(2) Cr.P.C. by the High Court in connection with an FIR registered at Domjur Police Station, Howrah, West Bengal. While the appeal was pending, the Supreme Court had earlier directed that if the appellant were arrested he could be released on a self-bond, subject to depositing Rs. 10 lakh in court, and had allowed the de facto complainant to be impleaded as a party.

Decision Breakdown

The de facto complainant's counsel informed the Court that he had no objection to the appellant being granted anticipatory bail protection, provided he was permitted to withdraw the Rs. 10 lakh (with accrued interest) already deposited, and clarified that he was only interested in recovering his money and did not wish to pursue prosecution. With the appellant's counsel raising no objection, the Court disposed of the appeal on these agreed terms: it permitted the de facto complainant to withdraw the deposited amount with interest, and directed that if the appellant is arrested in connection with the FIR, he shall be released on bail by the investigating officer on executing a bond of Rs. 25,000 with two sureties of like amount, subject to the usual Section 438(2) conditions and his cooperation with the investigation.

Lesson Learnt

In anticipatory bail proceedings, courts can finally dispose of the matter on terms agreed between the accused and the complainant, including adjusting bail conditions and releasing deposited security, once the complainant confirms their only real interest (such as recovery of money) has been addressed.

Official source (sci.gov.in)View Judgment (PDF)

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