Code of Criminal Procedure 1973 – Section 438 – Anticipatory Bail – HC, while granting anticipatory bail, imposed a pre- condition on the accused for paying maintenance to wife – Allowing appeal, SC quashed this condition and observed: When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions which are irrelevant for exercise of power under Section 438 of the CrPC would not be warranted. (Para 9-11)
