IA ORDER

1. Heard learned advocate Mr.Sikander Saiyed on behalf of the applicant and learned Additional Public Prosecutor Mr.Utkarsh Sharma on behalf of the respondent – State.

2. Rule returnable forthwith. Learned APP Mr.Sharma waives service of rule on behalf of the respondent – State.

3. By way of this application, the applicant seeks for modification / deletion of condition no.9(g) imposed by this Court vide order dated 09.09.2022 in Criminal Misc. Application No.9637/2022 whereby the applicant had been released on anticipatory bail.

4. At the outset, it requires to be noted that condition no.9(g) of the said order reads as under:-

“9(g) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.”

4.1. The first part of the order states that the applicant shall not leave India without permission of the Court and the second part states about the applicant surrendering his passport before the learned Trial Court within a week if he does have a passport.

4.2. It is submitted by learned advocate Mr.Saiyed for the applicant that at the relevant point of time, the applicant was not having any passport, therefore, there was no question of the applicant depositing the same.

4.3. It is further submitted by learned advocate that since the applicant wanted to study abroad, he had approached this Court by preferring Special Criminal Application No.9061/2023 and a learned Coordinate Bench vide order dated 02.08.2023 had inter alia considered the application and had directed the Regional Passport Officer to process the passport application of the applicant expeditiously for a passport with a validity period of five years. It appears that pursuant to the order of this Court, the applicant has been issued with the passport which is valid upto 09.01.2029.

4.4. Learned advocate would submit that the passport, upon being issuance, has not been deposited with the learned Trial Court and whereas the applicant has immediately approached this Court for deletion of condition.

4.5. Insofar as the FIR is concerned, a learned Coordinate Bench had permitted the investigating agency to proceed with the investigation, however, the charge-sheet shall not be filed without prior permission of this Court.

4.6. Learned advocate Mr.Saiyed would further submit that later on vide an order dated 14.03.2024, the learned Coordinate Bench of this Court while permitting the Investigating Officer to file charge-sheet had inter alia protected the applicant by directing that in case the charge- sheet is filed, then there shall not be any further proceedings till the next date of hearing. Learned advocate would further submit that the charge-sheet having been filed, the interim order still continues.

5. Learned advocate would further submit that while the petitioner is intending to join Engineering Course the duration of which is for three years and whereas the petitioner, therefore while he may be permitted to travel abroad, the condition for depositing the passport may be deleted by this Court and whereas, it is submitted by learned advocate that the applicant shall scrupulously remain present before the learned Trial Court for attaining the trial subject to the applicant being granted appropriate time more particularly since the applicant may possibly be outside India at such point of time.

6. The fact of the applicant having been permitted to apply for a passport valid for five years and the fact of this Court having intervened in the quashing petition could not be disputed by learned APP.

7. Under such circumstances, more particularly since the applicant intends to travel abroad for his further studies and since it appears that the trial is not likely to commence any time soon more particularly in view of the intervention of this Court, therefore, at this stage, the following directions are passed by this Court:-

(i) The condition of the applicant being required to deposit his passport before