Feroze Basha v. State of Tamil Nadu - Bail Condition - Sale Of Immovable Property
Code of Criminal Procedure 1973 ; Bharatiya Nagarik Suraksha Sanhita, 2023 - Bail - the jurisdiction of Court while granting bail is not to decide the civil rights or disputes or imposed conditions which virtually grant the final civil relief which the complainant may be urging. Neither BNSS or CrPC would enable a Court at the stage of bail or investigation to direct the sale of immovable property belonging to accused for settlement of alleged claims. (Para 9-10)
Case Info
Case Information Extracted
Case name and neutral citation:Feroze Basha & Anr. v. State of Tamil Nadu, Criminal Appeal No(s). /2026 @ SLP (Crl.) No. 6155/2026 (Supreme Court of India, Criminal Appellate Jurisdiction). A formal neutral citation number is not stated in the order text provided.
Coram:Hon’ble Mr. Justice Aravind KumarHon’ble Mr. Justice Prasanna B. Varale
Judgment date:13 April 2026 (as indicated at the end of the signed order and in the record of proceedings).
Case laws and citations referred
- Ramesh Kumar v. State of NCT of Delhi, Criminal Appeal No. 1741/2023 @ SLP (Crl.) No. 2358/2023, decided on 04.07.2023 (Supreme Court of India) – Court deprecated converting bail proceedings into recovery proceedings.
- Sumit Mehta v. State (NCT of Delhi), (2013) 15 SCC 570 – On the scope of “any condition” in bail provisions; conditions must have nexus to fairness of investigation.
- Parvez Noordin Lokhandwalla v. State of Maharashtra & Another, (2020) 10 SCC 77 – Bail conditions must not be arbitrary or extend beyond ensuring proper investigation or trial.
- Mahesh Chandra v. State of U.P. & Others, (2006) 6 SCC 196 – Bail jurisdiction is not to decide civil rights or grant final civil relief.
Statutes / laws referred
- Indian Penal Code, 1860 – Sections 406, 409, 420 and 34.
- Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 (bail power context).
- Code of Criminal Procedure, 1973 – Referenced generally as the earlier procedural code vis-à-vis BNSS, 2023, in relation to bail powers.
Brief summary (three sentences)
A complaint alleging cheating and misappropriation led to registration of FIR No. 11/2025 and arrest of the appellants, who remained in custody for 83 days before being granted bail by the High Court subject to a condition directing sale of their immovable properties and distribution of sale proceeds to the complainant and similarly placed persons. The Supreme Court held that in bail proceedings courts are confined to deciding whether the accused should be released and may only impose conditions connected to fair investigation or trial, and that directing sale of property to settle alleged civil claims is beyond the scope of bail jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023 or the Code of Criminal Procedure, 1973. Accordingly, the Court set aside the condition directing the Magistrate to sell the properties, while keeping intact the requirement to deposit title deeds to secure the presence of the accused, and allowed the appeal.