Criminal Appeal No. 3210 of 2024 (Arising out of SLP (Crl.) No.2011 of 2024)
Sudeep Chatterjee…………Appellant
Vs.
The State of Bihar & Anr………….Respondents
C.T. Ravikumar & Prashant Kumar Mishra, JJ.
Decided on : 02/08/2024
Principle of ‘Lex Non Cogit Ad Impossibilia’
Law does not compel a person to perform an impossible task, particularly in the context of pre-arrest bail conditions—Court emphasizes principle that conditions for pre-arrest bail must be realistic and not impose impossible demands—Refers to established legal maxims to underline importance of fairness in imposing such conditions.
(Para 1)
Section 438—Bail—Onerous Conditions for Pre-Arrest Bail—Constitutional Safeguards in Pre-Arrest Bail—Courts should avoid imposing onerous or impracticable conditions for pre-arrest bail, particularly when such conditions contradict established legal precedents—Appellant challenges High Court’s order that imposed a condition requiring accused to file an affidavit undertaking to fulfill complainant’s physical and financial needs as a condition for pre-arrest bail—Court underscores that such conditions are unreasonable—Personal liberty and constitutional safeguards must be preserved, and bail conditions should not impose excessive restrictions that compromise these rights—Court reiterates that any conditions imposed for granting anticipatory bail should ensure fairness and not violate personal liberties, in line with precedents in Gurbakash Singh Sibbia.
(Paras 2, 3, 5, 6)
Section 438(2)—Bail—Conditions Must Be Proportionate—Specificity and Practicality in Bail Conditions—Conditions imposed by court must be proportionate and serve purpose of ensuring accused’s presence during investigation and trial—Court refers Parvez Noordin Lokhandwalla, to highlight that bail conditions must be proportionate to risks involved, ensuring they do not create undue hardship for accused—Conditions requiring a party to fulfil all physical and financial needs of other party as a condition of bail are impracticable and counterproductive—Court criticizes condition imposed by lower court, calling it impractical and likely to hinder resolution of matrimonial disputes—Court stresses that such conditions may harm the chances of reconciliation between parties in matrimonial matters—[ Section 498A of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961].
`(Paras 7 & 8)*
Section 438(2)—Provisional Bail and Conditions—Provisional bail should not be subject to impractical conditions and should respect dignity and liberty of both parties—Court sets aside condition for filing an affidavit undertaking to meet complainant’s needs, making bail absolute—Leaves marital obligations intact, encouraging parties to attempt reconciliation—Court concludes by making bail order absolute, removing impractical conditions, and emphasizing compliance with standard bail conditions as per law.
