Code of Criminal Procedure, 1973–Sec. 438/439–The process of criminal law, particularly in the matters of grant of bail, is not akin to money recovery proceeding–The question as to whether pre-arrest bail, or for that matter regular bail, in a given case is to be granted or not is required to be examined, and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations–In a given case, the concession of pre-arrest bail or regular bail could be declined even if the accused had made the payment of the money involved or offers to make any payment–Concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment.
