In, Anil Taneja vs State of Haryana and others, a Single Bench of Punjab & Haryana HC has held that, It is trite law that the considerations for grant of bail and cancellation of bail stand on different footings. And, It is trite law that bail cannot be denied on account of recovery of money under custodial interrogation cannot be utilized to recover the money.
Facts
This is a petition under Section 439(2) Cr.P.C. read with Section 482 Cr.P.C. seeking cancellation of anticipatory bail granted to respondents No.2 and 3 in a case registered under Sections 379 and 406 of IPC (Sections 467, 468, 471 and 420 of IPC were added later on). So far as plea of prosecution that custody of applicants is required to effect recovery of Rs.11 lacs, the same is without any force. And, Hon'ble Supreme Court held that it is well settled by a plethora of decision of this court that the criminal proceedings are not for realization of disputed dues.
Contention Made
The plea raise is that without considering the fact that the amount, the receipt books are yet to be recovered from the accused, concession of anticipatory bail has been granted.
Court Observation
The Single Bench of Punjab & Haryana HC observed that, It is trite law that bail cannot be denied on account of recovery of money under custodial interrogation cannot be utilized to recover the money.
Further, Supreme Court in the case of Mehboob Dawood Shaikh Vs. State of Maharashtra, (2004) 2 SCC 362 held, It is trite law that the considerations for grant of bail and cancellation of bail stand on different footings. By a majority judgment in Aslam Babalal Desai v. State of Maharashtra, 1993 (1) RCR (Criminal) 600 (SC) : 1992(4)SCC 272 the circumstances when bail granted can be cancelled is laid down by the court.
Court Judgment
The Punjab & Haryana HC while rejecting the present petition has held that, Keeping in view the dictum of law laid down by the Apex Court and the fact that the petitioner has not been able to make out a case within the parameters of the law laid down by the Apex Court, the present petition is dismissed being without merit
Case: Anil Taneja vs State of Haryana and others
Citation: CRM-M-25790-2022
Bench: Justice Pankaj Jain
Decided: 1st September, 2022
Read Judgment @Latestlaws.com
Picture Source :
