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2023 (9) TMI 1658

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..... passport of the applicant be released to him with the condition that in case he needs to travel abroad, he shall do so after obtaining necessary permission from the learned Chief Metropolitan Magistrate, Patiala House Courts, Delhi. The present application is allowed and disposed of.
HON'BLE MR. JUSTICE AMIT SHARMA For the Petitioner: Mr. A. Mishra, Mr. Mercy Hussain & Mr. Nidish Gupta, Advocates For the Respondent: Mr. Harpreet Singh, Senior Standing counsel with Mr. Jatin Kumar Gaur, Advocates ORDER CRL.M.A. 17641/2023 (Modification of order dt. 26.11.2021) 1. The present application seeks the following prayers: "(a) Modify the bail condition No. 60(i) as mentioned in the Judgment dated 26.11.2021 passed by this Hon'ble Co .....

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..... lies upon a judgment passed by a co-ordinate bench of this Court in CRL.M.C. 6320/2022, titled „Lalit Kumar Babu Lal Tater v. Union of India & Anr., dated 13.03.2023, where a similar relief was granted. It was observed as under: "7. I consider it is a settled proposition that the passport can only be impounded under Section 10 if The Passports Act, 1967. In the judgment quoted hereinabove, it has repeatedly been held that except for the proceedings under The Passports Act, the police, court or the department cannot impound the passport. In any case, no purpose will be served by allowing the trial court to retain the passport on its record. The passport except for the travel purpose is required for many other purposes i.e. for the pu .....

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..... ation proceedings are still pending and apprehension of the present applicant fleeing from justice still exists. 10. Heard learned counsel for the parties and perused the record. 11. It is not in dispute that the applicant has complied with the conditions mentioned in the judgment dated 26.11.2021. The applicant has also cooperated with the proceedings initiated by the respondent. 12. In view of the above, condition (i) contained in Para-60 of judgment dated 26.11.2021, is modified to the extent that the passport of the applicant be released to him with the condition that in case he needs to travel abroad, he shall do so after obtaining necessary permission from the learned Chief Metropolitan Magistrate, Patiala House Courts, Delhi. 13. .....

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