Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Kulwant Singh @ Kulwant Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
1. The petitioner is aggrieved by the condition Nos. (iii) & (iv) of the order of bail to the effect that he shall surrender/deposit his passport, if any, with the investigating agency and shall not leave India without prior permission of the Court imposed by the Additional Sessions Judge, Moga vide order dated 04.12.2024 while granting anticipatory bail in case FIR No.76, dated 10.05.2024, registered under Sections 420 and 406 IPC at Police Station City South, Moga.
2. Learned Counsel for the petitioner submits that the petitioner is a permanent resident of Canada and the trial Court while allowing the application seeking anticipatory bail to the petitioner has imposed a condition that he shall not leave the Country without prior permission of the Court and Simultaneously, another condition was also imposed, to surrender his passport with the investigating agency. Learned counsel also submits that the there is no chance of absconding from the trial and he undertakes to abide by all terms and conditions imposed by the trial Court in the bail order or any condition to be imposed by this Court. It is also the argument of learned counsel for the petitioner
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 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 central legal point established in the judgment is that the passport can only be impounded under Section 10 of The Passports Act, 1967, and that except for the proceedings under The Passports Act....
A criminal court cannot impose conditions on bail that restrict personal liberty, such as retaining a passport, which is exclusively within the jurisdiction of the Passport Authority.
The court established that the impounding of a passport requires adherence to principles of natural justice and that mere pendency of a criminal case does not automatically justify such action.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
