Full Judgment Text
Non-Reportable
2024 INSC 48
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 14423 OF 2023)
JAY SHRI & ANR. APPELLANT(S)
VERSUS
STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
Leave granted.
With the consent of the learned counsel for the parties, we
have taken up the appeal for hearing. Right to file reply is
waived.
We have heard learned counsel for the parties, including
counsel for the complainant/informant, who has filed an application
seeking impleadment, which is allowed impleading him as respondent
no. 2 to the present appeal.
Prima facie , in our opinion, mere breach of contract does not
amount to an offence under Section 420 or Section 406 of the Indian
1
Penal Code, 1860 , unless fraudulent or dishonest intention is
2
shown right at the beginning of the transaction. This Court has
Signature Not Verified
Digitally signed by
Deepak Guglani
Date: 2024.01.19
18:14:08 IST
Reason:
time and again cautioned about converting purely civil disputes
1 For short, “IPC”.
2
Sarabjit Kaur v. State of Punjab and Another , (2023) 5 SCC 360.
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3
into criminal cases. Any effort to settle civil disputes and
claims, which do not involve any criminal offence, by applying
pressure through criminal prosecution should be deprecated and
4
discouraged.
In view of the aforesaid position, we feel that the
appellants – Jay Shri and Hitesh Kela have made out their case for
grant of anticipatory bail. Accordingly, it is directed that in the
event of the appellants – Jay Shri and Hitesh Kela being arrested
in connection with First Information Report (FIR) no. 0220/2022
dated 26.08.2022 registered with Police Station – Osiyan, District
– Jodhpur Rural, Rajasthan for the offence(s) punishable under
Sections 420 and 120B of the IPC, they shall be released on bail by
the arresting/investigating officer or the trial court on terms and
conditions to be fixed by the trial court.
In addition, the appellants – Jay Shri and Hitesh Kela shall
comply with the conditions mentioned in Section 438(2) of the Code
of Criminal Procedure, 1973.
Recording the aforesaid, the impugned judgment/order is set
aside and the appeal is allowed.
We clarify that the grant of anticipatory bail and the
observations made in the present order will not be treated as an
expression of opinion on the merits of the case. Further, this
order will have no bearing whatsoever on any civil proceeding(s).
3 Indian Oil Corpn. v. NEPC India Ltd. and Others, (2006) 6 SCC 736; Vijay Kumar
Ghai and Others v. State of West Bengal and Others, (2022) 7 SCC 124.
4
Indian Oil Corpn. v. NEPC India Ltd. and Others, (2006) 6 SCC 736, para 13.
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Pending application(s), if any, shall stand disposed of.
..................J.
(SANJIV KHANNA)
..................J.
(DIPANKAR DATTA)
NEW DELHI;
JANUARY 19, 2024.
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