2023 (4) TMI 1275 - SCH - Indian Laws

Whether the condition imposed while granting bail, i.e. of the passport being detained in such circumstances would continue to operate? - stipulation for the appellant to join the investigation every month by seeking a modification that as and when called the appellant will attend to those proceedings - HELD THAT - The appellant wants to travel abroad to attend to his father-in-law on medical grounds. As a restraint on the passport normally arises only in extremely serious cases, it cannot be done in routine. The condition (ii) stating that Petitioner shall submit his passport, if any, before the Trial Court and shall not leave India without prior permission of this Court is waived off - condition (i) stating Petitioner shall co-operate with the investigation and shall appear before the Investigating Officer/Department as and when required. In addition, to that he shall appear in the first week of every calender month before the officials of the Department till the filing of the charge-sheet against him and shall cooperate with the investigation till the filing of the charge-sheet against him is modified to the extent that the appellant will be required to report to the respondent as and when intimated to do so. The consequence would be that passport need not be deposited and the appellant is permitted to leave India without the requirement of reporting to the Court. Appeal disposed off.

Summary

Issues involved:
The issues involved in the judgment are the continuation of conditions imposed while granting bail regarding the detention of passport and the requirement to join the investigation every month.

Continuation of conditions imposed while granting bail:
The investigation was stated to be complete, and the appellant was held personally liable for a penalty of Rs. 25,000. The appellant expressed willingness to deposit the amount without prejudice to his rights and contentions. The controversy before the court was whether the condition of detaining the passport and attending the investigation every month should continue. The appellant sought modification to attend proceedings as and when called. The court considered that restraining the passport normally arises in extremely serious cases and cannot be done routinely. The court directed that the condition of submitting the passport is waived, and the appellant will be required to report to the respondent as and when intimated.

Requirement to join the investigation every month:
The conditions imposed included cooperating with the investigation, appearing before the Investigating Officer/Department as required, and appearing before officials of the Department in the first week of every calendar month until the charge-sheet is filed. The court modified this condition to the extent that the appellant will be required to report to the respondent as and when intimated. Consequently, the passport need not be deposited, and the appellant is permitted to leave India without the requirement of reporting to the Court.

Disposition of the appeal:
The appeal was disposed of accordingly, with the court waiving the condition of submitting the passport and modifying the requirement for the appellant to report to the respondent as and when intimated.