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2017 (8) TMI 1645

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..... l. At the outset, this case reflects on the need for judicial self-restraint and distaste for result oriented justice over a principled adjudication in consonance with the letter of law. 2. The Appellant herein assails the order dated 17.05.2017, passed by the High Court in Criminal Miscellaneous No. 23807 of 2017, which was filed for modification of the earlier order dated 30.03.2017 in Cr. Misc. 4401 of 2017, by virtue of which the learned single judge confirmed the earlier order granting anticipatory bail with certain onerous conditions. 3. Some of the relevant facts are that after the marriage of the parties herein, Respondent no 2 (wife) alleged that there was a demand, by the Appellant (husband), for dowry and she was physically and .....

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..... -B of the Hindu Marriage Act, the court below will release the Petitioner on provisional bail to its own satisfaction for a period of one year and will monitor the relationship between the parties by calling both of them every three months in the court and in the event the court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complaint about the physical and mental torture committed by the Petitioner during the period of her stay him or the conjugal relationship could not be restored on account of indifferent attitude of the wife or both parties have agreed to live separate and take divorce with mutual consent under provisions of Section 13-B of the Hindu Marriage Act, the c .....

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..... d on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail;. (2) When the High Court or the Court of Session makes a direction Under Sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with t .....

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..... Criminal Procedure, which reads as - When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail Under Sub-section (1), the Court may impose any condition which the Court considers necessary- (a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or .....

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