The court may modify bail conditions, including passport restrictions and travel bans, to accommodate significant family events, provided the applicants provide a security deposit to guarantee their return and compliance with the law.

ORAL ORDER

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

2. The present application has been filed by the applicants-accused with the following prayer:

“(b) Your Lordship may be pleased to modify order dated 21.11.2023 passed in Cr. M. A. No. 2982 of 2023 by suspending condition No. 3 and 4 of for the period of 6 months for the reason stated in the memo of the application;

(c) Your Lordship may be pleased to modify order dated 21.11.2023 passed in Cr. M. A. No. 2982 of 2023 by deleting condition No. 5 of for the reason stated in the memo of the application;”

3. Heard learned advocate for the applicants has submitted that, the son of the applicants is residing in the United Kingdom with his family and his wife i.e. the applicant’s daughter in law Ms. Karishma Khakiani is expecting to deliver her first child in June 2026. The applicants want to be with their son and daughter in law. The learned 12th Additional Sessions Judge had granted anticipatory bail to the applicants on 21.11.2023 vide order passed in Criminal Misc. Application No. 2982 of 2023, subject to the conditions, wherein, condition No.(3) was pertaining to depositing their passports before the concerned Sessions court, condition No.(4) was restraining them from leaving the Country without prior permission of the Court and condition No.(5) was about marking their presence every 15 days, till filing of the chargesheet.

4. In view of the submissions of learned advocate for the applicants, the applicants being desirous of travelling abroad, the condition Nos. 3 and 4 are hereby modified and the condition No.5 be kept in abeyance for the period of 4 months. The applicants are permitted to have the interim custody of their passports for 4 months, from the date of this order from the learned trial court, where the same have been deposited, subject to their depositing a security deposit of Rs.3 lakhs with the trial court. The concerned trial Court, upon the applicants having depositing Rs.3 lakhs, shall immediatley return their passpost. Upon redepositing their passport, the trial court shall return the amount of security deposit to the applicants without any further order from this court. It is clarified that, the applicants would invariably inform the trial court as regards their travel itinerary consisting of all the details viz. their mobile numbers, places of residences, visas and tickets before leaving India. Rest of the conditions shall remain intact.

5. The application is partly allowed in the aforesaid terms. Rule is made absolute accordingly. Direct service is permitted.