Supreme Court of India · 2009-02-20
Munish Bhasin & Ors vs State
- Court
- Supreme Court of India
- Petitioner
- Munish Bhasin & Ors
- Respondent
- State
- Author
- J.M. Panchal
- Bench
- J.M. Panchal, R.V. Raveendran
Judgment text excerpt
The Supreme Court examined the legality of conditions imposed by the High Court for anticipatory bail under Section 438 of the Criminal Procedure Code, specifically the requirement for the appellant to pay Rs.12,500/- monthly maintenance to his wife and child. The Court held that while the High Court has the discretion to impose conditions, the specific maintenance amount and arrears ordered were excessive and not proportionate to the appellant's financial capacity. The Court ultimately modified the maintenance amount, emphasizing the need for a fair assessment of the appellant's ability to pay while ensuring the welfare of the wife and child.