The Supreme Court set aside an impugned order by the Jharkhand High Court which imposed a condition of 'resuming the conjugal life' upon the appellant as a condition for granting anticipatory bail.
Brief Facts of the Case:
The appellant had challenged the Jharkhand High Court's decision seeking modification of the order under Section 482 Cr.P.C. which required the appellant to take his wife to his house and maintain her with dignity as a condition for granting anticipatory bail.
Contentions of the Parties:
The appellant sought modification of the conditions imposed by the High Court, arguing that the condition regarding resuming conjugal life was inappropriate for anticipatory bail. The High Court, in the impugned order, dismissed the appellant's plea due to his alleged adamant attitude in not resuming conjugal life.
Observations of the Court:
The Supreme Court found fault with the condition imposed by the High Court for granting anticipatory bail. The Court disagreed with the grounds for rejecting the appellant's petition and held that “neither such condition should have been imposed by the High Court while granting an anticipatory bail, nor such could be a ground for rejection of the petition filed by the appellant.”
The Decision of the Court:
The Supreme Court set aside the impugned order of the High Court. The Court directed that if the appellant is arrested in connection with the complaint in relation to Section 498A of IPC, he should be released on bail with conditions imposed by the Chief Judicial Magistrate. The Criminal Appeal was allowed.
Case Title: Kunal Choudhary vs. The State of Jharkhand & Anr.
Coram: Hon'ble Ms. Justice Bela M. Trivedi and Hon'ble Mr. Justice Satish Chandra Sharma
Case no.: Criminal Appeal No. 3701 of 2023
Advocates for the Appellant: Mr. Mayank Sapre, Adv., Mr. Kumar Shivam, Adv., and Mr. Vatsalya Vigya, AOR
Advocates for the Respondents: Mr. Vishnu Sharma, Ms. Madhusmita Bora, Mr. Pawan Kishore Singh, Mr. Dipankar Singh, Mrs. Anupama Sharma, Mr. Subhro Sanyal, Mr. Sagar Roy, Mr. Bikash Chandra, Mr. Arun Kumar Singh, Mr. Shekhar Kaushik, Mr. Nitya Nanda Mahato, Mr. Amber Shahabaz Ansari, Ms. Deepmala, Ms. Sushma, Mr. Ashraf Mansoori, Mr. K.K. Chauhan, and Mr. Sandeep Lamba.
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