Matrimonial discord cases: Courts have to be cautious in imposing bail conditions, says SC
pre-arrest bail grantable, especially in cases that are off-shoots of matrimonial discordance, it should exercise caution while imposing bail conditions, the Supreme Court said on Friday. The apex court also said it was pained to see that despite a catena of verdicts deprecating the practice of putting onerous conditions for pre-arrest bail, such orders were being passed without giving due regard to the binding precedents.
These observations by the Supreme Court came in a verdict that set aside a condition imposed by the Patna High Court while granting provisional pre-arrest bail to a man in a case lodged for offences, including those under the Dowry Prohibition Act, 1961.
A top court bench of Justices C T Ravikumar and P K Mishra stressed the need to put compliable conditions while granting bail, «recognising the human right to live with dignity and with a view to secure the presence of the accused as also unhindered course of investigation, ultimately to ensure a fair trial».
The high court, considering the desire of the parties involved, had directed them to file a joint affidavit before the trial court stating they had agreed to live together. It also said that the petitioner must give a specific statement undertaking to fulfil all physical and financial requirements of the complainant so that she could lead a dignified life without any interference from any of his family members.
«We do not think it necessary to burden this judgment by multiplying the authorities on this subject as the constant and
