2018 (3) TMI 2032 - HC - Indian Laws

Conditions attached on granting bail in anticipation of arrest - petitioner seeking to travel to Singapore for six days - HELD THAT - The condition with regard to not to leave India without prior permission of the court concerned and to deposit the passport with the trial court, is required to be relaxed for a period of six days. Accordingly the said condition is kept in abeyance for the said period and the petitioner shall be bound by the same terms and conditions as were prescribed in the order dated 28.08.2017 passed in Criminal Misc. Application No. 20011 of 2017. Considering the above submissions, it is directed that the passport may be handed over to the representative advocate of Wadia Ghandy and Company, on due verification and the passport may be retained by the petitioner till 18.4.2018. Petition allowed.

Summary

Issues: Bail conditions for international travel

Analysis:

The judgment by the Gujarat High Court involved the issue of relaxing bail conditions for international travel. The petitioner sought permission to travel to Singapore for official business for seven days, requesting the court to release his passport to attend an official meeting. The petitioner highlighted previous instances where the court had allowed him to travel abroad for professional duties and promptly returned his passport upon his return. Additionally, the petitioner needed to keep his visa active, as it was expiring for Singapore and Sweden. The court considered the petitioner's plea and decided to relax condition (f) of the bail order, allowing the petitioner to retain his passport for an additional four weeks after his return from Singapore to renew his visas. The court acknowledged the practical difficulties faced by the petitioner in collecting the passport personally and permitted the petitioner's authorized representatives to collect it. The court kept the condition in abeyance for the specific travel period, directing the passport to be handed over to the petitioner's advocate for safekeeping until a specified date.

In conclusion, the High Court granted the petitioner's request to relax the bail condition for international travel to Singapore, allowing the petitioner to retain his passport for an extended period to renew visas. The court emphasized the petitioner's compliance with past travel permissions and directed the passport to be handed over to the petitioner's authorized representative for safekeeping during the travel period. The judgment balanced the petitioner's professional obligations with the legal requirements, ensuring the petitioner's rights while maintaining the integrity of the bail conditions.