VidhiSangh

Supreme Court of India · 04/07/2023

RAMESH KUMAR versus STATE OF NCT OF DELHI

[2023] 9 S.C.R. 1165 · 2023 INSC 596

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court disapproved a Rs.22 lakh deposit imposed as a condition for anticipatory bail in a private cheating dispute, despite the accused’s undertaking. Bail jurisdiction cannot become a mechanism for recovering disputed private dues. It remitted the bail application for decision on its merits, preserving interim liberty subject to cooperation, and distinguished exceptional voluntary deposits of allegedly misappropriated public money.

Issues

  1. Whether a voluntary repayment undertaking justified an onerous deposit as a condition of anticipatory bail in a private dispute.
  2. Whether the bail application should be reconsidered independently of the deposit and what interim protection should apply.

Provisions considered

Held

Result

Appeal disposed of by remitting anticipatory bail for fresh merits consideration, preferably by 31 August 2023. Interim liberty protected subject to cooperation until further High Court orders. Intervention application dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 9 S.C.R. 1165.