Can the court direct the accused to cancel the registered sale deed executed in favour of a third party as a condition for grant of Anticipatory bail?

 The main grievance of the petitioner in this Special Leave

Petition is that the High Court while allowing an application filed by him under Section 438 of the Code of Criminal Procedure, 1973 granting anticipatory bail, directed the Petitioner to comply with the Condition No.(iii) with regard to cancellation of the registered sale deed executed by him and return the money received from the complainant. The said condition is reproduced below:(

iii) “The petitioner/accused shall cooperate in the

investigation and shall furnish all the registered

documents before the investigating authorities and he

shall take steps to cancel the registered sale deeds

executed in favour of the vendees within two months from

today, and shall also return the consideration amount

received through the said registered sale deeds within two

months from today, failing which, liberty granted to the

petitioner shall stand cancelled automatically and he

shall be taken into custody forthwith.”

We are, prima facie, of the considered view that the High

Court ought not to have imposed the said Condition No.(iii), while granting anticipatory bail to the petitioner, as it would

tantamount to adversely affect the rights of the parties to the

registered documents, which can be adjudicated upon by a Civil

Court only.

In addition to the above, in our opinion, a registered sale

deed cannot be cancelled unilaterally by one party to the said

document in purported compliance of the direction given by the High Court and thereby adversely affecting the rights of the purchasers, who are not a party before the High Court.

In view of the above, in our considered opinion, ends of

justice would be met if the said condition is deleted from the

impugned order.

Accordingly, we delete the said condition.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.5543/2021

SYED AFSAR PASHA QUADRI  Vs THE STATE OF TELANGANA 

Date : 17-09-2021

This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MS. JUSTICE HIMA KOHLI

UPON hearing the counsel the Court made the following

The Court is convened through Video Conferencing.

Heard learned counsel appearing for the petitioner, learned

counsel appearing for the State of Telangana and carefully perused

the material available on record.

The main grievance of the petitioner in this Special Leave

Petition is that the High Court while allowing an application filed

by him under Section 438 of the Code of Criminal Procedure, 1973

granting anticipatory bail, directed the Petitioner to comply with

the Condition No.(iii) with regard to cancellation of the

registered sale deed executed by him and return the money received

from the complainant. The said condition is reproduced below:(

iii) “The petitioner/accused shall cooperate in the

investigation and shall furnish all the registered

documents before the investigating authorities and he

shall take steps to cancel the registered sale deeds

executed in favour of the vendees within two months from

today, and shall also return the consideration amount

received through the said registered sale deeds within two

months from today, failing which, liberty granted to the

petitioner shall stand cancelled automatically and he

shall be taken into custody forthwith.”

We are, prima facie, of the considered view that the High

Court ought not to have imposed the said Condition No.(iii), while

granting anticipatory bail to the petitioner, as it would

tantamount to adversely affect the rights of the parties to the

registered documents, which can be adjudicated upon by a Civil

Court only.

In addition to the above, in our opinion, a registered sale

deed cannot be cancelled unilaterally by one party to the said

document in purported compliance of the direction given by the High

Court and thereby adversely affecting the rights of the purchasers,

who are not a party before the High Court.

In view of the above, in our considered opinion, ends of

justice would be met if the said condition is deleted from the

impugned order.

Accordingly, we delete the said condition.

The impugned Order of the High Court is modified to the extent

indicated above.

We make it clear that the remaining conditions as contained in

the impugned Order dated 862021

shall remain intact.

The Special Leave Petition is disposed of in the aforestated

terms.

(VISHAL ANAND) (R.S. NARAYANAN)

ASTT. REGISTRARcumPS

COURT MASTER (NSH)

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