Code Of Criminal Procedure, 1973; Section 438 [Section 482 BNSS] – After forming an opinion, taking note of all relevant aspects, that bail is grantable, conditions shall not be put to make it impossible and impracticable for the grantee to comply with – The ultimate purpose of putting conditions while granting pre-arrest bail is to secure the presence of the accused and thus, eventually to ensure a fair trial and also for the smooth flow of the investigating process – Courts have to be very cautious in imposing conditions while granting bail upon finding pre-arrest bail to be grantable. [Putting conditions requiring a person to give an affidavit carrying a specific statement in the form of an undertaking that he would fulfil all physical as well as financial requirements of the other spouse so that she could lead a dignified life without interference of any of the family members of the appellant, can only be described as an absolutely improbable and impracticable condition]- We stress upon the need to put compliable conditions while granting bail, recognizing the human right to live with dignity and with a view to secure the presence of the accused as also unhindered course of investigation, ultimately to ensure a fair trial. In respect of matters relating to matrimonial cases, conditions shall be put in such a way to make the grantee of the bail as also the griever to regain the lost love and affection and to come back to peaceful domesticity. (Para 7-9)
Legal Maxim – ‘Lex non cogit ad impossibilia’ -The law does not compel a man to do what he cannot possibly perform. (Para 1)
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