2013 Supreme(SC) 1011

SUPREME COURT OF INDIA
CHANDRAMAULI KR. PRASAD, JAGDISH SINGH KHEHAR, JJ.

Arnesh Kumar
Versus
State of Bihar
Special Leave to Appeal (Crl) No. 9127 of 2013
Decided on : 31-10-2013

The court permitted the impleadment of a spouse as a party respondent and granted the petitioner provisional bail under Section 438(2) of the Code of Criminal Procedure in the event of arrest or surrender within a four-week period.

Headnote:(A) Code of Criminal Procedure - Section 438(2) - Provisional bail - Petitioner seeking impleadment of spouse as party respondent - Petitioner expresses readiness to keep spouse with dignity - Court orders personal appearance of both parties and deposit of expenses for spouse's appearance.

(B) Interim Relief - Direction for provisional enlargement on bail in the event of surrender or arrest within a specified period, subject to conditions stipulated under the law.

Facts of the case:
The petitioner sought to implead spouse as a respondent in a special leave petition and stated a willingness to provide for the spouse with dignity. The court ordered the personal presence of both the petitioner and the spouse, requiring the petitioner to deposit a sum of Rs.25,000/- to cover the spouse's expenses for appearing before the court.

Findings of Court:
The court allowed the impleadment of the spouse and issued notice to the respondents. It directed that both the petitioner and the spouse be personally present on the next hearing date.

Issues: Whether the spouse should be impleaded as a respondent and the provision of interim protection from arrest for the petitioner.

Ratio Decidendi: The court determined that the petitioner should be provisionally enlarged on bail if arrested or surrendering within four weeks, contingent upon the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure.

Result: Notice issued and provisional bail granted.