LexSUDEEP CHATTERJEE versus STATE OF BIHAR & ANR.
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[2024] 8 S.C.R. 662 : 2024 INSC 567 Sudeep Chatterjee v. State of Bihar & Anr. (Criminal Appeal No. 3210 of 2024) 02 August 2024 [Prashant Kumar Mishra and C.T. Ravikumar,* JJ.] Issue for Consideration Whether the High Court erred by putting onerous conditions on accused-appellant while granting provisional pre-arrest bail. Headnotes† Code of Criminal Procedure, 1973 – s.438 – Whether the High Court erred by putting onerous conditions on accused- appellant while granting provisional pre-arrest bail: Held: Courts have to be very cautious in imposing conditions while granting bail upon finding pre-arrest bail to be grantable – Conditions should be put warily, especially when the couple concerned who are litigating in divorce proceedings, jointly though lukewarmly, agreed to attempt to reconcile and re-unite – When the couple who are trying to bridge their emotional differences putting one among them under such an onerous condition would deprive a dignified life not only to the grantee but to both – The need to put compliable conditions while granting bail, recognizing 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 – Conditions provided in the impugned order for the release of the appellant on the provisional bail cannot be sustained – The order granting the bail is made absolute and the appellant in the event of his arrest be released on bail – ‘Lex non cogit ad impossibilia’ means ‘the law does not compel a man to do what he cannot possibly perform’ – The impugned order stands set aside to the extent of putting onerous condition on pre-arrest bail. [Paras 8, 9, 10] Bail – Marital dispute – Whether the conditions imposed on husband while granting provisional bail would ultimately benefit the couple going through a marital dispute: * Author [2024] 8 S.C.R. 663 Sudeep Chatterjee v. State of Bihar & Anr. Held: Putting conditions as has been done in this case, requiring a person to give an affidavit carrying a specific statement in the form of an undertaking that he would fulfill all physical as well as financial requirements of the other spouse so that she could lead a dignified life without interference of any of the family members of the appellant, can only be described as an absolutely improbable and impracticable condition – Such conditions will only be counterproductive as it makes one spouse dominant over the other – In respect of matters relating to matrimonial cases, conditions shall be put in such a way to make the grantee of the bail as also the griever to regain the lost love and affection and to come back to peaceful domesticity. [Paras 7, 8, 9] Case Law Cited Shri Gurbakash Singh Sibbia & Ors. v. State of Punjab [1980] 3 SCR 383 : (1980) 2 SCC 565; Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr. [2020] 11 SCR 117 : (2020) 10 SCC 77 – referred to. List of Acts Code of Criminal Procedure, 1973. List of Keywords Onerous condition on pre-arrest bail; Matrimonial disputes; Lex non cogit ad impossibilia. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3210 of 2024 From the Judgment and Order dated 30.08.2023 of the High Court of Judicature at Patna in CRLM No. 57492 of 2023. Appearances for Parties Nitish Banka, Lakshay Manchanda, Aadesh Punjabi, Sunny Sharma, Chetna Mourya, Ms. Kiritika Singh, Lokesh Baimad, Dr. Ram Kishor Choudhary, Chand Qureshi, Advs. for the Appellant. Anshul Narayan, Addl. Standing Counsel, Prem Prakash, Divyanshu Kumar Srivastava, Karan Verma, Ashwini Kumar, Advs. for the Respondents. 664 [2024] 8 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment C.T. Ravikumar, J. Leave granted. 1. ‘Lex non cogit ad impossibilia’ means ‘the law does not compel a man to do what he cannot possibly perform’. The said maxim is being followed as an adage and with alacrity. We are constrained to refer to the said maxim on being pained to see that despite a catena of decisions deprecating the practice of putting onerous conditions for pre-arrest bail such orders are being passed without giving due regard to the binding precedents. 2. The case on hand arises from an order dated 30.08.2023 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.57492 of 2023 whereby and whereunder the High Court granted provisional pre-arrest bail in Complaint Cas
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