- (1.) The present petitioner who was arrested in connection with Ratua Police Station Case No. 441/09, under Sections 498A/323/34 of the Indian Penal Code nearly after 15 days of his arrest, was granted bail by the Learned Sessions Judge, Malda subject to the condition amongst other that after release he shall pay a sum of Rs. 1,500/- per month to his wife as her monthly maintenance. The Learned Judge further directed in the event the petitioner fails to pay the maintenance his bail shall be cancelled.
(2.) In this criminal revision the petitioner challenged the aforesaid order, so far that relates to imposition of condition of payment of maintenance and the order of cancellation of his bail on his failure to comply with such order.
(3.) The Apex Court as well as this Court, times without number held subjecting an accused to any condition, other than those have been enumerated in Section 439 (1)(a) and Section 437 (3) of the Code of Criminal Procedure, while granting him bail would be beyond jurisdiction of the power conferred on Court under Section 439 (1) of the Code of Criminal Procedure and Court should always be extremely chary in imposing conditions and should not transgress its jurisdiction or power by imposing the condition which are not at all called for.;