VidhiSangh

Supreme Court of India · 24/01/2023

TALAT SANVI versus STATE OF JHARKHAND & ANR.

[2023] 1 S.C.R. 289 · 2023 INSC 80

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Summary

The Jharkhand High Court granted anticipatory bail on condition that the accused pay interim compensation to the victim. The Supreme Court struck down that condition and kept the bail. Victim compensation under Section 357 CrPC arises only when a sentence is imposed after the court's final view on whether the offence was committed. It cannot be imposed before trial. Compensation forms no part of bail jurisprudence, and pre-arrest bail proceedings are not money recovery proceedings, as Sahab Alam, Udho Thakur and Dharmesh had already held.

Issues

  1. Whether payment of interim victim compensation can be imposed as a condition for the grant of anticipatory bail.

Provisions considered

Held

Result

Criminal Appeal No. 205 of 2023 allowed; the condition in the Jharkhand High Court's order dated 25.11.2021 in A.B.A. No. 6003 of 2020 requiring payment of interim victim compensation quashed, while the other terms of anticipatory bail are maintained; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 289.