Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 456

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 11945 of 2017 ==========================================================
DHARMIN RAMESHBHAI DALAL Versus STATE OF GUJARAT ==========================================================
Appearance:
MR BC DAVE(245) for the PETITIONER(s) No. 1 MR. L. B. DABHI, APP for the RESPONDENT(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 21/03/2025

Petitioner Advocates:MR VIRAT G POPAT(3710) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Modification of bail conditions is permissible when the applicant complies with existing conditions and poses no flight risk.

Headnote:(A) Indian Penal Code - Sections 406, 420, 504, and 114 - Anticipatory bail - Modification of bail conditions sought for travel abroad - Applicant complied with bail conditions and no adverse report against him - Court suspends condition of passport deposit for specified travel dates, allowing temporary release of passport. (Paras 2-7)

(B) Bail conditions - The court emphasized that conditions imposed during bail should not hinder the applicant's legitimate travel plans if compliance is demonstrated and no risk of absconding is present. (Paras 5-6)

Facts of the case:
The applicant sought modification of bail conditions to travel abroad for vacation, having complied with all prior conditions including depositing his passport. The respondent opposed the modification citing potential flight risk.

Findings of Court:
The court found no adverse report against the applicant and allowed the modification of the bail condition regarding the passport for specified travel dates.

Issues: The main issues were whether the applicant could modify bail conditions to allow travel abroad and the implications of potential flight risk.

Ratio Decidendi: The court ruled that compliance with bail conditions and absence of adverse reports justified the modification of conditions, emphasizing the need for balance between legal obligations and personal freedoms.

Result: Application partly allowed.

ORDER :

1. Rule. Learned APP waives service of Rule on behalf of the respondent-State.

2. The present application has been preferred by the applicant for modification of condition No.8(f) of order dated 05.06.2017 passed in Criminal Misc. Application No.11945 of 2017 granting anticipatory bail to the applicant in connection with the FIR registered at C.R.No.I-71 of 2017 with Kapodara Police Station, Surat, for the offence punishable under Sections 406, 420, 504 and 114 of the Indian Penal Code.

3. By order dated 05.06.2017 passed in Criminal Misc. Application No.11945 of 2017, this Court has enlarged the applicant on anticipatory bail by imposing several conditions including the condition that applicant shall deposit the passport and not to leave India without the permission of the Court.

4. Learned advocate for the applicant submits that on account of vacation, the applicant along with his family has to travel abroad and for that purpose, to apply for VISA and to complete other formalities, the passport of the applicant is required. It is submitted that the applicant has complied with all the conditions of the bail and that there is no breach.

5. Learned APP for the respondent-State has opposed the grant of modification of condition No.8(f), on the ground that the applicant is involved in the offence of fraud and therefore, if he is permitted to travel abroad, he may not available for the trial.

6. The Court has heard the rival submissions and perused the documents on record. The documents indicate the applicant has deposited his passport bearing No.Z3690597 before the trial Court pursuant to the direction of this Court in the anticipatory bail order. The documents also indicate that the applicant has booked tickets and hotel stay at Thailand. In absence of any adverse report against the applicant during the trial and that the applicant having complied with all the conditions, the present application deserves consideration.

7. The Condition No.8(f) of the order dated 05.06.2017 in Criminal Misc. Application No.11945 of 2017 is hereby suspended for a period of 10^th March, 2025 to 30^th April, 2025. The trial Court may release the passport bearing No.Z3690597 of the applicant for a period of 10^th March, 2025 to 30^th April, 2025. The applicant is directed to deposit Rs.50,000/- with the trial Court. The applicant shall deposit the passport within one week of his return to India. The applicant shall furnish his detailed itinerary on affidavit with the trial Court as well as to the Investigating Officer within a period of three days. The remaining conditions to continue to operate.

8. The application stands partly allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent. Direct service is permitted.

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