Courts should be cautious in imposing bail conditions in cases of marital dispute:

New Delhi: The Supreme Court on Friday said that when a court finds it fit to grant pre-arrest bail, particularly in cases arising out of marital dispute, it should exercise caution while imposing bail conditions.

The apex court said it was saddened to note that such orders were being passed despite several judgments criticising the practice of imposing stringent conditions for pre-arrest bail.

The Supreme Court made these observations in a judgment in which it struck down the condition imposed by the Patna High Court while granting pre-arrest interim bail to a man in cases including offences registered under the Dowry Prohibition Act, 1961.

A bench of Justices CT Ravikumar and PK Mishra stressed the need for having compliant conditions while granting bail, which recognise the human right to live with dignity to ensure the presence of the accused, uninterrupted investigation and fair trial.

The High Court, considering the wishes of the concerned parties, had directed them to file a joint affidavit before the trial court stating that they agree to live together and that the petitioner would fulfill all the physical and financial needs of the complainant so that she can live a respectable life without interference from any member of her family.

The Supreme Court bench said that the High Court order shows that the separated parties have reconsidered and expressed their readiness to remove the bitterness and unite again. The bench also said that without the support of both the families, the relationship through marriage cannot flourish but can be destroyed.

The bench said that the conditions laid down in this case can only be termed as absolutely impossible and impractical. In matrimonial cases, the conditions should be laid down in such a way that the person getting bail as well as the victim get a chance to regain the lost love and affection and return to a peaceful domestic life.