2021 (3) TMI 1418

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..... Adv., Mr. Joby P. Varghese, AOR, Mr. Nishant Srivastava, Adv., Mr. Aby P. Varghese, Adv., Mr. Rajneesh Jha, Adv., Mr. Vikram Jakhar, Adv., Mr. Vishnu Sharma, Standing Counsel, Ms. Mukti Chaudhry, AOR. ORDER This Special Leave Petition is against the order dated 27.07.2020 in B.A.No.4646 of 2020 passed by the High Court of Jharkhand at Ranchi insofar as the petitioner has been granted bail, su....

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....custody forthwith." As pointed out by Mr. Rana Mukherjee, learned Senior Advocate appearing for the complainant, the impugned order records that the petitioners are now ready and willing to deposit the amount before the Trial Court. The question is whether bail could have been granted subject to deposit of Rs.53,60,000/-. In our view the High Court erred in making bail conditional upon furnishing....

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....realization of disputed dues. It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case. The factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reason....

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....committed even at the stage of granting bail and to direct repayment of any amount is both onerous and unwarranted. As held by this Court in Anil Mahajan vs. Bhor Industries Ltd. reported in (2005) 100 SCC 228, the substance of the complaint is to be seen. If criminal proceedings are unwarranted, there can be no question of custody and in no circumstance can bail be made subject to the terms, whi....