2014 (9) TMI 1238 - HC - Indian Laws

Seeking directions to permit the petitioner to leave the Country and for that to return the passport lying in deposit as one of the conditions of the bail order - petitioner wants to leave the Country on his business purposes - power of investigating officials to impound the passports - HELD THAT - As per the Apex Courts guidelines in Mhetre s case 2010 (12) TMI 1085 - SUPREME COURT as part of the conditions of the bail besides property title deeds required to be deposited including bank accounts and deposit of even the passport of accused before the learned Magistrate though there are expressions in Sure Nanda v. Central Bureau of Investigation 2008 (1) TMI 876 - SUPREME COURT and in GIAN SINGH VERSUS STATE OF RAJASTHAN 1999 (5) TMI 629 - SUPREME COURT saying that the investigating officials have no right of their own to impound the passport but for the passport officials under the provisions of the Indian Passport Act 1967. Here the impounding the passport by investigating officers is entirely different from seeking to deposit the passport by the Court as one of the conditions of the bail to see that the accused shall not jump the bail or form the clutches of the Justice by using or misusing the passport even there is a bar under Section 6(2)(f) of the Indian Passport Act 1967 of any person who is accused of crime in India passport cannot be obtained and travel beyond the country without prior permission and there is a circular of the Central Government in GSR 570E dated 25.08.1993 as per Section 22 of the Passport Act issued by the Ministry of External Affairs in the public interest that by said notification exempting the citizens of India against whom criminal proceedings are pending in India without facing any hardship for their requirement to travel abroad a permission of the concerned Magistrate where the case is pending for travel abroad. There is nothing to modify the condition imposed in the bail order passed by the learned Sessions Judge for return of passport but for a direction to the learned IV Additional Chief Metropolitan Magistrate Hyderabad before whom the passport is in deposit in the event of the petitioners application as contemplated by the Circular instructions of the Union of India in GSR 570E dated 25.08.1993 relaxing and modifying to some extent the bar under Section 6(2)(f) of the Indian Passport Act within its power under Section 22 of the Indian Passport Act to permit to have travel document pursuant to passport from the authorities concerned for integram period till end of December 2014 - when the passport is required for such travel permit to return the passport subject to undertaking to re-deposit and subject to execution of a bond for 2, 00, 000/- with affidavit undertaking of re-deposit the passport and return back to India and on failure to forfeit the said bond amount as one of the modes of penalty contemplated by section 53(5) of Indian Penal Code. The Criminal Petition is disposed of.

Summary

Issues involved:
1) Whether the petitioner can be permitted to return the passport to travel abroad within the power of the Court under Section 482 Cr.P.C.?
2) What will be the result of the above consideration?

Detailed Analysis:
Issue 1: The petitioner sought permission to leave the country and return the passport deposited as a condition of bail. The application extended beyond Section 439(1)(b) Cr.P.C. to include Section 482 Cr.P.C. The petitioner, accused in a criminal case, was granted anticipatory bail subject to conditions by the Sessions Judge, including depositing the passport and not leaving the country without court permission. The petitioner had previously been allowed to travel to Rwanda for business purposes. The Public Prosecutor opposed the blanket permission, citing provisions of the Indian Passport Act and guidelines from previous court cases regarding imposing conditions on accused individuals to ensure their availability for trial.

Issue 2: The court considered previous guidelines from the Apex Court regarding conditions of bail, which include depositing property titles, bank accounts, and even the passport of the accused before the magistrate. The court differentiated between impounding the passport by investigating officers and depositing it as a bail condition to prevent the accused from fleeing justice. The court noted the restrictions under Section 6(2)(f) of the Indian Passport Act, which prohibits accused individuals from obtaining a passport or traveling abroad without prior permission. The court referred to a circular exempting Indian citizens facing criminal proceedings from hardships in traveling abroad, requiring permission from the concerned magistrate. The court decided not to modify the condition of returning the passport but directed the magistrate to relax the restrictions under the Passport Act to permit travel until the end of December, 2014, with a bond and affidavit for re-depositing the passport upon return, failing which a penalty would be imposed.

In conclusion, the court disposed of the Criminal Petition, allowing the petitioner to travel abroad with specified conditions and bond requirements for re-depositing the passport upon return.