Criminal Procedure Code, 1973
Section 438(2)—Conditional pre-arrest bail—Challenge to the order releasing appellant-husband on provisional bail on conditions to give undertaking that appellant would fulfil all physical and financial requirements of wife—Courts have to be very cautious in imposing conditions while granting bail upon finding pre-arrest bail to be grantable—Improbable and impracticable conditions cannot be imposed for grant of bail—Conditions mentioned in impugned order for release of appellant on the provisional bail cannot be sustained and liable to be set aside—Appeal allowed.
[Paras 8 to 10]