9911796707
TMI Blog2017 (8) TMI 1645X X X X Extracts X X X X X X X X Extracts X X X X ..... wordings are capable of accepting broader meaning. But such conditions cannot be arbitrary, fanciful or extend beyond the ends of the provision. The phrase 'interest of justice' as used under the Sub-clause (c) of Section 437(3) means good administration of justice or advancing the trial process and inclusion of broader meaning should be shunned because of purposive interpretation. Coming back to the case at hand, from the perusal of the impugned order it is clear that the court exceeded its jurisdiction in imposing such arbitrary conditions. Some of the conditions imposed are highly onerous and are absurd. Such onerous anticipatory bail conditions are alien and cannot be sustained in the eyes of law. The conditions imposed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h certain onerous conditions. 3. Some of the relevant facts are that after the marriage of the parties herein, Respondent no 2 (wife) alleged that there was a demand, by the Appellant (husband), for dowry and she was physically and mentally tortured for non-fulfillment of the same. Based on the above allegations, a complaint was registered with Hatidah Police Station Under Sections 498-A, 341, 323, 379, 506, 34 Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Appellant apprehending arrest submitted an application before the High Court seeking an anticipatory bail. In pursuance thereof, the High Court has passed an order dated 30.03.2017 in Cri. Misc. No. 4401 of 2017 and order dated 17.05.2017 in Cri. Misc. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conjugal relationship could not be restored on account of indifferent attitude of the wife or both parties have agreed to live separate and take divorce with mutual consent under provisions of Section 13-B of the Hindu Marriage Act, the court below confirm the provisional bail granted to the Petitioner after one year. It is made clear that in the event the Petitioner does not surrender in the court below along with the wife, as ordered above, or the Petitioner refuses to keep the wife with him when she become ready to go with him to live or the wife during the period of monitoring makes complain about physical and mental torture committed by the Petitioner, it will be open to the court below to pass appropriate order in accordance with l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed Under Sub-section (3) of Section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall attend in accordance with the conditions of the bond executed under this Chapter, or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or (c) otherwise in the interests of justice. (emphasis supplied) 8. The above quoted provision reveals that the court can impose conditions as mentioned Under Sub-clause (a) to (c) Under Sub-section (3) to Section 437, provided that certain conditions prescribed there under are fulfilled. 9. Before we analyze the case at hand, first a word on interpretation. It is well settled legal proposition that in interpreting a provision of an Act, a construction that would promote the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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