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 that the challan has not been presented so far and trial may take long time to conclude. Thus, a prayer has been made by the petitioner for omission of impugned conditions No. (iii) & (iv) imposed in the bail order passed by the Additional Sessions Judge, Moga on 04.12.2024 by considering the fact that the petitioner is a permanent citizen of Canada.

3. Learned State counsel has raised a preliminary objection that the present petition is not maintainable as in case the petitioner is aggrieved in any manner, firstly he should have approached the lower Court for modification of the condition. Learned State counsel also submits that no blanket permission can be given as the petitioner is involved in a serious offence and there is no emergency and extraordinary reasons for approaching this Court straightway without availing the appropriate remedy available to her before the lower Court.

4. Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused impugned order dated 04.12.2024 passed by the Additional Sessions Judge, Moga, whereby, the petitioner has been released on anticipatory bail with certain conditions.

5. Admittedly, the petitioner is a permanent citizen of Canada and facing trial in the FIR as mentioned above, which was registered on the basis of a complaint moved by one Maninder Kumar. The anticipatory bail application filed by the petitioner was allowed with certain conditions, which are as under: -

"(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(iii) that the applicant shall not leave India without previous permission of the Court;

(iv) that the applicant is also directed to surrender his passport, before the investigating officer."

6. The petitioner is aggrieved by impugned conditions No. (iii) & (iv), whereby, he has been directed to surrender his passport and not to leave India without the prior permission of the trial Court. Section 437 of the Code deals with power of the Court to grant bail in non-bailable offences. Under Section 437(3) of the Code, while releasing a person accused, the Court shall impose certain conditions, which are as under: -

"(a) that such person shall attend in accordance with the conditions of the bond executed under this chapter,

(b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise t