Bail conditions should not unduly restrict an applicant's legitimate business activities, allowing for reasonable modifications when justified.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. Present application is filed by the applicant for modification of conditions imposed vide order dated 28.01.2025 passed in Criminal Misc. Application No. 146 of 2025 by Learned Principal District and Sessions Court, Ahmedabad.

3. Learned advocate for the applicant submitted that while enlarging the applicant on bail, the court below vide order dated 07.02.2024, has imposed condition no.1 and 4 i.e. “The applicant shall remain present before the I.O. on 28.02.224 and the applicant shall deposit his original passport before the Investigating Officer at the time of furnishing bail bond before the I.O. and the applicant shall not leave India without the prior permission of the Court”. Learned advocate appearing for the applicant has further submitted that for the very purpose, the applicant has approached before the concerned court below and the court below was pleased to permit the applicant to get his passport renewed only for one year. He has further submitted that the passport of the present applicant about to expire in June, 2025 and the applicant is required to get the said passport renewed. He has further submitted that the applicant is a businessman and for the said purpose, he has to travel abroad. He has further submitted that the passport authority may be directed to consider the case of the present applicant for renewal of his passport for five years and thereafter, the applicant may be permitted to travel abroad for the business purposes.

4. Heard learned advocate for the applicant, learned APP for the respondent-State as well as perused the documentary evidences produced on record.

5. Having regard to the cause shown in the application, the application deserves consideration. The passport authority is directed to consider the case of the present applicant for renewal of his passport for a period of five years. After the passport of the present applicant is renewed, the said passport shall be handed over to the applicant upon deposit of Rs.2 Lakhs towards security deposit and the same shall be refunded to the applicant upon re-surrender of renewed passport to the concerned trial Court after due and proper verification. The applicant is also permitted to travel abroad for a period of six months. Other conditions of the order shall remain intact. Before traveling abroad, the applicant shall furnish detailed travel itinerary before the trial Court.

6. Present application stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.