2009 (2) TMI 905 - SC - Indian Laws

Summary

Issues involved:
The judgment deals with the challenge to the condition imposed by the High Court requiring the appellant to pay maintenance to his wife and child while granting anticipatory bail to him and his parents in a case involving alleged offenses under Sections 498A and 406 read with Section 34 of the Indian Penal Code.

Details of the Judgment:

*Issue 1: Anticipatory Bail Condition*
The appellant challenged the condition imposed by the High Court for him to pay maintenance to his wife and child while granting anticipatory bail. The complaint filed by the wife alleged offenses under Sections 498A and 406 read with Section 34 of the Penal Code, citing mental and physical cruelty and misappropriation of dowry. The High Court initially directed the parties to mediation but later imposed the condition of maintenance based on the appellant's salary slip.

*Issue 2: Legal Provisions*
The judgment referred to Section 438 of the Code of Criminal Procedure, which allows conditions to be imposed for granting anticipatory bail. The Court highlighted that conditions should be necessary, just, and efficacious, focusing on securing the accused's presence, preventing flight from justice, tampering with evidence, or intimidating witnesses. Imposing irrelevant or harsh conditions is beyond the Court's jurisdiction under Section 438.

*Issue 3: Maintenance in Anticipatory Bail*
The Court emphasized that in a proceeding under Section 438, awarding maintenance to the wife and child is not justified. The appellant's argument that his wife was employed and not entitled to maintenance was considered. The Court noted that the question of maintenance should be decided in a competent court based on evidence, and the High Court should not have granted maintenance while granting anticipatory bail.

*Conclusion*
The appeal succeeded, and the direction for the appellant to pay maintenance was deleted. The Court maintained other directions in the order but clarified that any amount received by the wife need not be refunded and will be adjusted based on the result of the maintenance application under Section 125 of the Code before the appropriate Court.