2021 (1) TMI 1297

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..... Singh and Sunny Choudhary, Advs. ORDER 1. Leave granted. 2. This appeal is against an order dated 11 September 2019 passed by the High Court granting anticipatory bail to the Appellant, subject to the condition of deposit of Rs. 41 lakhs in court and upon his furnishing personal bond in the sum of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of the arresting offi .....

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..... rrest bail Under Section 438 of the Code of Criminal Procedure, 1973 virtually issued directions in the nature of recovery in a civil suit. 5. It is well settled by a plethora of decisions of this Court that criminal proceedings are not for realization of disputed dues. It is open to a Court to grant or refuse the prayer for anticipatory bail, depending on the facts and circumstances of the parti .....

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..... alise the dues of the complainant, and that too, without any trial. 6. We accordingly modify the order impugned before us by deleting the direction to deposit Rs. 41 lakhs as directed by the High Court. Needless to mention, the grant of anticipatory bail shall be governed by the conditions in Section 438(2) of the Code of Criminal Procedure, 1973. 7. The appeal is accordingly disposed of. 8. Pe .....

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