A court may suspend bail conditions restricting foreign travel and passport surrender if the applicant demonstrates sufficient cause and provides an adequate security deposit.

ORAL ORDER

1. The Applicant has preferred this Application for modification of Condition Nos. 3 and 5 imposed by the learned Additional Sessions Judge, City Sessions Court No. 22, Ahmedabad vide its order dated 07.04.2016 in CRMA-S/1165/2016 - CRMA-S 1166/2016. The said Conditions read as under:

"(3) The Applicants shall not leave the territory of India without prior permission of the trial court.

(5) The applicants shall submit their passport before the concerned trial court within three days from today."

2. Heard learned Advocate Mr. Rajesh K. Kanani for the Applicant and learned APP Mr.J.K.Shah appearing on behalf of the Respondent – State.

3. Rule.

Learned APP waives service of notice of Rule on behalf of the Respondent – State.

4. Learned Advocate for the Applicant submits that pursuant to the aforesaid condition, the Applicant has already surrendered his Passport before the concerned Trial Court. The Applicant is doing business and requires to travel abroad very frequently. Moreover, his children have settled abroad and presently the daughter-in-law is pregnant, and for the said purpose, the Applicant is required to travel abroad on 26th of May 2025. The Applicant therefore requires his Passport back. He further submitted that since the Applicant requires to visit abroad frequently for the purpose of business purpose, the aforesaid conditions may be suspended for a period of three years.

4.1. Learned Advocate for the Applicant further submitted that an amount of Rs.3 Lacs is already deposited by the Applicant with the Trial Court concerned towards security deposit when the Passport was ordered to be released on earlier occasion and after the re-surrender of the Passport the Applicant has not withdrawn the said amount. It is therefore prayed to allow the present Application.

5. Learned APP has opposed the Application contending that recently the concerned Trial Court had permitted the present Applicant to travel abroad for one year and the Passport has been re-surrendered only recently on 13.04.2025. Thereafter the Applicant has not produced any travel program on record. He therefore prayed to dismiss the Application.

6. Heard learned Advocates for the parties. Having regard to the cause shown in the Application, the Application deserves consideration. The conditions in question are ordered to be suspended till 31.05.2027. The amount of Rs.3 lacs which is lying with the concerned Trial Court shall be treated as security deposit.

6.1. On returning the passport, the trial Court shall release the amount of Rs. 3,00,000/- (Rupees Three Lacs) to the applicant, after due verification. Rest of the conditions shall remain as it is. The Applicant is permitted to travel abroad during the said period. Present applicant is also directed to furnish details of tour programme before concerned trial Court.

Rule is made absolute to the aforesaid extent. Direct service permitted.