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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Ram Lubhaya – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background of the petitioners facing criminal charges. (Para 1 , 2) |
| 2. petitioners contest passport deposit condition. (Para 3) |
| 3. state's position against the release of conditions. (Para 4 , 5) |
| 4. court's analysis on bail conditions and legal provisions. (Para 6 , 7 , 8) |
| 5. court's decision to quash passport surrender condition. (Para 9) |
JUDGMENT :
SUMEET GOEL, J.
1. The petition in hand has been preferred against the order dated 22.11.2019 passed by the learned Additional Sessions Judge, Jalandhar, to the extent, that while granting anticipatory bail to the petitioners (herein), a condition has been imposed whereby the petitioners (herein) have been directed to deposit their passports before the trial Magistrate.
2. A criminal complaint under Sections 307 /323/452/499/500/506/511/148/149 IPC was filed by respondent No.2 (herein) against the petitioners alongwith others stating therein that on 17.11.2018, the accused persons, acting in conspiracy, forcibly demolished the one Foundation (Thara) alongwith idols of Lordshiva and his family in broad day light thereby intentionally hurting the religious sentiments of the complainant and other locality members. The incident
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 court affirmed its inherent power to modify bail conditions under Section 482 Cr.P.C. to ensure justice and prevent undue hardship to the accused.
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.
Point of Law : Release of passport - Since criminal proceedings are pending against the petitioner, the apprehension of the 2nd respondent that he would abscond and not be available for trial also re....
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.
Courts cannot direct passport surrender for bail; impounding power lies exclusively with passport authorities under special law.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
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