The court may exercise discretion to delete restrictive bail conditions, such as the surrender of a passport, when there is an inordinate delay in the conclusion of the trial and the accused has demonstrated consistent compliance with bail terms.

IA ORDER

1. Rule. Learned APP Mr. Soaham Joshi waives service of Rule on behalf of the respondent – State.

2. This application under Section 483(i)(b) of the BNSS,2023 is filed for modification/deletion of condition No.5(f) of order dated 09.07.2004 passed by the Co-ordinate Bench in CRMA No.4490 of 2004.

3. Heard learned advocate Mr. Jaydeep Sindhi for the applicant who has submitted that, the applicant was released on regular bail by this Court vide CRMA No.4490 of 2004 dated 09.07.2004, on conditions which includes condition No.5(f) that “the applicant shall surrender his passport, if any, to the lower court within a week;”. Mr. Sindhi has submitted that, despite the lapse of more than 20 years, the trial has not concluded and the applicant has strictly complied with each and every condition imposed by this Court, till date. He further submitted that, if the prayer as sought for is granted, he shall not misuse the liberty and shall abide by all the terms and conditions that may be imposed by this Court.

4. Learned APP has opposed the application submitting that, the condition imposed is just and no modification is required.

5. Considering the facts of the case and the submissions of learned advocate of Mr. Sindhi for the applicant, as regards the modification/deletion of condition No.5(f), this Court is inclined to exercise discretion in favour of the applicant. Accordingly, the said condition No.5(f) imposed by way of order passed in CRMA No.4490 of 2004, is hereby deleted.

However, whenever the applicant leaves India, he shall intimate the concerned Police Station, and the concerned Court in advance, with complete itinerary of his travel, including the local addresses and phone numbers. The applicant shall deposit Rs.2,00,000/- towards security deposit with the concerned trial Court, which amount shall be returned to him, upon completion of trial, without any further order from this Court. Rest of the conditions shall continue to remain in existence.

6. Thus, the application is hereby allowed. Direct service is permitted.