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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.Modak
Sunilkumar More – Appellant
Versus
CBI BS & FB – Respondent
| Table of Content |
|---|
| 1. commencement of judicial hearing. (Para 1) |
| 2. details of the case and charges. (Para 2) |
| 3. introduction of anticipatory bail conditions and ongoing trial context. (Para 3) |
| 4. arguments regarding passport conditions. (Para 4 , 5) |
| 5. court's reasoning on passport restrictions. (Para 6) |
| 6. court's order regarding passport and affidavit. (Para 7) |
| 7. disposition of the writ petition. (Para 8) |
JUDGMENT :
S. M. MODAK, J.
1. Heard learned Advocate for the Petitioner and learned Advocate Shri.Munde for Respondent No.1–CBI.
2. The Petitioner is granted anticipatory bail by this Court on 5th September 2001. It is in respect of the offences under Sections 420 , 467, 468, 471, 477-A and 120-B of the INDIAN PENAL CODE , 1860 (“IPC”). It is on the basis of complaint lodged by the Bank. The charge-sheet is already filed and it is numbered as Case No.1130/PW/2009. The trial has started and the CBI has examined 29 witnesses out of 55 witnesses.
3. The Petitioner applied for renewal of the passport before the Court of Additional Chief Judicial Magistrate – Esplanade – Mumbai.
The request was allowed. It was subject to the following conditions:-
(a) After arrival, the passport shall be handed ov
Conditions imposed on travel for those facing prosecution must be reasonable and not infringe on personal liberty; the court ruled that requiring deposit of passport was unreasonable.
A court may impose passport deposit as a bail condition, but it must be justified, reasonable, and not arbitrary, ensuring it serves the interests of justice without violating personal liberty.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The main legal point established is that surrendering passports as a bail condition does not amount to impounding, and the court should consider the social value of the freedom to go abroad and the h....
The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.
Bail conditions can be modified under inherent powers to prevent undue hardship to the accused while maintaining the integrity of the trial and respecting personal liberties.
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