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Issues:
Release of passport for business purposes; Conditions imposed by Special Judge on passport impoundment; Review of Special Judge's order under Section 482 of the Code of Criminal Procedure; Maintenance of proceedings in light of previous judgments; High Court's inherent powers under Section 482 of the Code. Analysis: The petitioner, Chairman-cum-Managing Director of a public limited company, sought the release of his passport to travel abroad for business purposes related to setting up a Cold Rolling Plant. The petitioner had obtained financial assistance for the project and planned to visit various countries. However, the Special Judge had impounded his passport as a condition of bail, preventing him from leaving the country during the case's pendency. The High Court considered the petitioner's undertaking to return for investigation and set interrogation dates before his departure, addressing concerns of non-availability. The petitioner also agreed to return to India within four weeks of departure, with no extension allowed. Additionally, the petitioner undertook to increase the bail amount before leaving the country. The High Court rejected the argument that the proceedings were not maintainable based on a previous judgment, asserting its inherent powers under Section 482 of the Code of Criminal Procedure. While acknowledging the limitations on the Special Judge's authority to modify or review orders, the High Court clarified that such restrictions did not apply to its powers under Section 482. Consequently, the High Court allowed the petition, directing the Regional Passport Officer to return the petitioner's passport immediately. Moreover, the petitioner was instructed to provide a detailed travel itinerary to the CBI before departure and submit an affidavit to the Special Judge confirming compliance with the court's directions and undertakings.
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