SUDEEP CHATTERJEE versus STATE OF BIHAR & ANR.

SUDEEP CHATTERJEE versus STATE OF BIHAR & ANR.

The High Court's condition requiring the appellant to file a joint affidavit undertaking to fulfil all physical and financial requirements of the complainant as a pre-condition for provisional pre-arrest bail is onerous, impracticable and unsustainable; that condition (paragraph 6 of the impugned order) is set aside and the order granting bail is made absolute subject to the surety terms and compliance with Section 438(2) Cr.P.C., and subject to the final outcome of the pending complaint case.

Parties
Appellant: Sudeep Chatterjee; Respondent: State of Bihar; Respondent: Second Respondent (wife)
Jurisdiction
India
Judgment Date
02 August 2024
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Provisional Pre Arrest Bail
Outcome
Appeal disposed of
Legal Topics
Pre Arrest Bail, Conditions of Bail, Matrimonial Disputes, Right to Dignity
Criminal Procedure Family Law Human Rights Pre Arrest Bail Conditions of Bail Matrimonial Disputes Right to Dignity

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Parties

Sudeep Chatterjee

Appellant

State of Bihar

Respondent

Second Respondent (wife)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Provisional Pre Arrest Bail

Legal Issues

  1. 1 Whether the High Court erred by imposing onerous and impracticable conditions on provisional pre-arrest bail
  2. 2 Whether a condition requiring the accused to give an affidavit undertaking to fulfil all physical and financial requirements of the spouse is sustainable

Ratio Decidendi

The High Court's condition requiring the appellant to file a joint affidavit undertaking to fulfil all physical and financial requirements of the complainant as a pre-condition for provisional pre-arrest bail is onerous, impracticable and unsustainable; that condition (paragraph 6 of the impugned order) is set aside and the order granting bail is made absolute subject to the surety terms and compliance with Section 438(2) Cr.P.C., and subject to the final outcome of the pending complaint case.

Court Disposition

Appeal disposed of

Orders

  • Impugned High Court order set aside to the extent of paragraph 6 which required the appellant to give an affidavit undertaking to fulfil all physical and financial requirements of the complainant
  • Order granting provisional bail is made absolute; in the event of his arrest the appellant is to be released on bail subject to the same terms stipulated by the High Court regarding suretyship and subject to the conditions in Section 438(2), Cr.P.C.