⚖️
Disclaimer The content published here is for general informational purposes only and does not constitute legal advice. Always consult a qualified advocate for advice specific to your situation.

“Lex non cogit ad impossibilia”

 Means: The law does not compel a man to do what he cannot possibly perform.

The above legal maxim was referred to in a recent Apex Court judgment propounded by Hon’ble Justice C.T. Ravikumar, J. in the case of Sudeep Chatterjee v. State of Bihar (SLP (Crl.) No.2011 of 2024). The said case revolves around challenging the bail conditions imposed by the High Court while granting pre-arrest/anticipatory bail to an accused for an offense punishable under S.498A of Indian Penal Code, 1860 r/w S.4 of Dowry Prohibition Act, 1961.

It is seen that the conditions imposed by the order of the High Court were that the accused/appellant was called to file an affidavit stating he would financially and physically support his spouse without any interference. This bail condition was found unnecessary as it would be “absolutely improbable and impracticable” and could be counter-productive to reconciliation efforts. Further, the Hon’ble court had stressed upon the legal position that there is no particular part of legislation (especially S.438 of CrPC) which mandates imposing conditions upon the accused while granting anticipatory/pre-arrest bail.

The Hon’ble court had stressed that other courts should make sure the following aspects are fulfilled while granting anticipatory/pre-arrest bail: i. Make sure that there is a need of accused presence; ii. Ensure proper investigation and a fair trial iii. Not infringe upon the human right to dignity.

The apex court had cited precedents in this regard, which are:

  1. Shri Gurbaksh Singh Sibbia & Ors. v. State of Punjab (1980): Emphasized liberal interpretation of anticipatory bail provisions, cautioning against imposing extra conditions not mentioned in the statute that could infringe on personal liberty.
  2. Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr. (2020): Stressed that bail conditions must be proportional to their purpose, primarily securing the accused’s presence and ensuring a fair trial, without compromising human dignity or constitutional safeguards.

The above judgments of our Hon’ble Apex Court tend to underscore the importance of imposing proper conditions while granting anticipatory bail. These case laws can be used by our professionals when any bail conditions in the pre-arrest and anticipatory stage tend to be unjust and impossible to be acted upon. The above maxim also tends to be useful for various cases where orders of the courts cannot be fulfilled by the parties.