Case Note & Summary
The case involved two appeals against the dismissal of bail applications by the High Court of Gujarat. The appellants, engaged in construction through M/s Abhishek Estates Pvt. Ltd., faced criminal prosecution for defaulting on loan repayments to the Diamond Jubilee Co-operative Bank Ltd. The High Court initially granted temporary bail under specific conditions, but later dismissed the petitions, resulting in the appellants' re-arrest. The Supreme Court intervened, granting bail again while noting the appellants' willingness to negotiate repayment. The appellants entered into a One Time Settlement with the bank, fully repaying the owed amount. The bank subsequently withdrew its recovery suit, confirming the settlement. The State expressed no objection to the relief sought by the appellants. The Supreme Court ultimately ruled in favor of the appellants, ordering the release of their properties from attachment and relieving them of previous undertakings, thus allowing the appeals based on the full settlement of dues.
Headnote
A) Criminal Procedure - Bail Applications - Dismissal of Bail Applications - Code of Criminal Procedure, 1973, Section Not mentioned - The High Court dismissed the bail applications of the appellant, leading to his arrest. The Supreme Court later granted bail considering the settlement of dues and the interests of justice. Held that the appellant was entitled to relief after full payment under the One Time Settlement (Paras 2-16).
Issue of Consideration
Whether the appellant is entitled to relief following the settlement of dues under the One Time Settlement scheme.
Final Decision
The Supreme Court allowed the appeals, ordered the release of properties from attachment, and relieved the appellants of their undertaking given to the Court, based on the full payment made under the One Time Settlement.
Law Points
- Bail applications
- One Time Settlement
- Criminal Procedure
- Settlement of disputes
