Criminal Court Exercising Bail Jurisdiction Is Not Expected To Act As Recovery Agent To Realize Dues Of Complainant: Supreme Court

The Supreme Court observed that a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant. The bench comprising Justices Indira Banerjee and Sanjiv Khanna observed thus while setting aside a condition imposed by Madhya Pradesh High Court on an accused while granting him anticipatory bail. The complainant, in the criminal complaint he filed, had alleged that the accused had received Rs 41 lakhs from him pursuant to an agreement for purchase of agricultural land and later refused to execute the sale deed. While disposing the anticipatory bail application filed by the accused, the High Court directed him to deposit Rs 41 lakhs in court and upon his furnishing personal bond in the sum of Rs 50,000 with one solvent surety in the like amount to the satisfaction of the arresting officer. The accused approached the Apex Court challenging the condition so imposed.