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2018 (4) TMI 1905 - HC - Indian LawsSeeking grant of bail - non- compliance of the condition of deposit of passport to the C.B.I - HELD THAT - It is submitted by the learned counsel for the applicant that he has no grievance or difficulty if the part of the condition that in other words he will not allow the leave the country without leave of the Trial Court. is kept intact as he is ready to comply that part of the condition and he will neither leave the country nor get the passport renewed without permission of the Trial Court - The petition is allowed. The order dated 26.10.2017 is modified to the extent that the words mentioned in the condition no.1 During the course of the arguments it was informed to the Court that his passport is with the respondent - Petition disposed off.
Issues:
1. Grievance regarding condition imposed in bail order dated 26.10.2017. Analysis: The applicant's grievance pertained to a condition imposed in a bail order dated 26.10.2017, specifically related to the transmission and suspension of the applicant's passport. The applicant had deposited the passport with the C.B.I., which then submitted it before the Judicial Magistrate. However, due to non-compliance with the condition, the Judicial Magistrate refused to accept the bail bond, causing the applicant to remain in jail even after bail was granted by the Court. The applicant's counsel argued that the applicant had no objection to the part of the condition restricting him from leaving the country without the Trial Court's permission. The applicant expressed willingness to comply with this aspect of the condition. The respondent's counsel did not object to the applicant's submission. Considering the circumstances and the applicant's grievance, the Court allowed the petition. The order dated 26.10.2017 was modified to omit the specific words related to the transmission and suspension of the passport mentioned in condition no.1. The Court clarified that the applicant would not be required to transmit the passport to the Passport Office or have it suspended until the trial's conclusion. As a result of the modification, the applicant's petition was disposed of, providing relief from the contentious condition imposed in the bail order.
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