IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. of 2024
(Arising out of SLP (Crl.) No.8750/2022)
ABHISHEK KATYAYAN …Appellant
VERSUS
THE STATE OF BIHAR & ANR. …Respondents
O R D E R
1. Leave granted.
2. This appeal is directed against the order dated 18.05.2022 passed by the High Court of Judicature at Patna in Criminal Misc. No.6357 of 2022. As per the said order, while allowing the application for pre-arrest bail, the High Court imposed a condition that for availing the grant of bail the appellant should pay monthly maintenance of 10,000/- to the respondent No.2-wife. The captioned appeal is filed to the extent it imposed the said condition.
3. Heard learned counsel appearing for the petitioner as also the learned counsel appearing for the respondent-State of Bihar. Despite notice, respondent No.2 has not entered appearance.
4. In view of the law laid down by this Court in Munish Bhasin and Others Vs. State (Government of NCT of Delhi) and Another [(2009) 4 SCC 45], there cannot be any doubt with respect to the position that while granting bail, such a condition, as mentioned above, could not have been imposed. When this matter came for admission before this Court on 17.10.2022, taking note of the decision in Munish Bhasin and Others (supra), this Court stayed the operation of the said condition. After giving our anxious consideration, we are of the view that the said order has to be made absolute. Consequently, the said order dated 17.10.2022 staying the condition contained in the impugned order dated 18.05.2022 of the High Court is made absolute. We make it clear that the impugned order is interfered with only to the said extent.
We also make it clear that this order will not create any legal trammel for the respondent No.2 in claiming maintenance in appropriate proceedings.
5. The Criminal Appeal stands disposed of, as above.
6. Pending application(s), if any, shall stand disposed of.
……………………,J.
(C.T. RAVIKUMAR)
……………………,J.
(RAJESH BINDAL)
NEW DELHI;
JANUARY 25, 2024.
ITEM NO.1 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.8750/2022 (Arising out of impugned final judgment and order dated 18-05-2022 in CRLMN No. 6357/2022 passed by the High Court of Judicature Patna)
ABHISHEK KATYAYAN Petitioner(s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
(IA No. 138374/2022 – EXEMPTION FROM FILING O.T.)
Date : 25-01-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Ashutosh Kumar Sharma, AOR
Mr. Pankaj Sharma, Adv.
Mr. Manoj Kumar Dwivedi, Adv.
Mr. Vibhu Tiwari, Adv.
Mr. Sandeep Sharma, Adv.
For Respondent(s) Mr. Manish Kumar, AOR
Ms. Shaswati Parhi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The Criminal Appeal stands disposed of in terms of the Signed Order placed on the file.
2. Pending application(s), if any, shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)