A court may temporarily suspend bail conditions restricting foreign travel and the deposit of a passport to allow an accused to attend significant family events, provided the applicant submits a travel itinerary and a formal undertaking to return.

IA ORDER

1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State.

2. This application is for modification of condition no.7(f) of the order dated 18.06.2025 passed in Criminal Appeal No. 1155 of 2025 is preferred on the ground that the applicant would like to travel to the United States of America for the convocation of his son. It is further submitted that the son of the applicant is studying in San Jose State University and has finished his graduation and therefore, convocation is held by the University. In view of the above, it is submitted that the condition as above may kindly be modified permitting the applicant to receive the passport from the concerned Court, where it is deposited.

3. Considering the overall facts and circumstances made in the application, condition no. 7(f) of the order dated 18.06.2025 passed in Criminal Appeal No. 1155 of 2025 stands modified to the extent that the passport deposited by the applicant before the Trial Court at Chhota-Udepur, be handed over within a reasonable time upon submitting an application by the applicant so that he can travel as per the itinerary.

4. Accordingly, the application is allowed. The condition no. 7(f) imposed while releasing the applicant on bail as per the order dated 18.06.2025, is suspended for a period of 60 days. The trial court shall hand over the passport of the applicant on proper identification and on his submitting itinerary and xerox copy of his passport, which shall be kept with the record along with the affidavit/ undertaking that may be filed by the applicant at the time of release of passport. The undertaking states about the stay at abroad, itinerary and contact number during the aforesaid period and his travel plan failing which it would be open for the Sessions Court at Chhota-Udepur to take appropriate steps in accordance with law. The undertaking of the applicant shall also clearly state that he shall return to India on completion of his work and shall surrender his passport on his return to India. All other conditions will remain unaltered. During the above period, the condition of marking presence shall also remain under suspension. The applicant is directed to place on record his itinerary, place of stay and no changes shall be permitted in the itinerary that would be placed before the Trial Court.

5. The original complainant has no objection if the prayers as prayed for in the present application are allowed.

6. Rule is made absolute to the aforesaid extent.

Direct service today, is permitted.