Criminal Procedure Code, 1973
Section 439—Conditional bail granted to the appellant requiring deposit of payment—Default in payment—Cancellation of bail by Sessions Court confirmed by the High Court—High Court while proceeding to dismissing the applications was of opinion that appellant had volunteered to make payment and the Sessions Judge granted the prayer for bail “taking into account the voluntary statement made on his behalf”—High Court does not seem to be entirely correct in its understanding the order of Sessions Judge—No doubt the appellant had made a voluntary statement to make payment but that was not the sole reason which weighed in the mind of the Sessions Judge to grant bail; on the contrary, the observation made by the Sessions Judge is a clear pointer that there was no sufficient reason to keep the appellant under detention having regard to completion of the investigation and filing of the charge-sheet—Courts, exercising jurisdiction to grant bail/pre-arrest bail, are not expected to act as recovery agents for realization of dues of the complainant from the accused, the High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not irrespective of whatever statement was made on behalf of the appellant before the Sessions Judge—Impugned order set aside and matter remanded to the High Court for decision afresh in accordance with law.
[Para 8]