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• Order for Bail Condition Modification and Passport Release - Authority and Procedure Courts generally do not have the authority to modify bail conditions, including passport surrender requirements, imposed by a higher court unless explicitly empowered to do so. Several judgments emphasize that modifications to bail conditions should be sought before the court that originally granted bail, not through courts or tribunals that lack jurisdiction for such modifications. For instance, No.4923 of 2022 - 5 - modify any condition imposed by a Magistrate while passing an order of bail u/S.437 of Cr.P.C. ["2023 0 Supreme(All) 1983"] and The grievance of the applicant is that after grant of bail he has travelled abroad... and after travelling to deposit the same with the trial court, whereas the applicant is often... ["2024 0 Supreme(Ker) 1157"].Analysis and Conclusion: Courts with jurisdiction over bail conditions can modify or relax conditions such as passport surrender, but only if they have the statutory or judicial authority to do so. The proper procedure involves filing an application before the court that originally imposed the condition, rather than approaching a different or special court. Unauthorized modifications or orders allowing passport release are often challenged or recalled, as seen in cases where the order releasing the passport was without authority, but it was not challenged ["2024 0 Supreme(Ker) 1398"], and subsequent attempts to release passports were recalled due to lack of jurisdiction.

• Procedure for Approaching the Court for Passport Release or Condition Modification The primary avenue for seeking modification or release of passport conditions is through an application filed before the court that imposed the original bail conditions. Several judgments highlight that instead of applying for modification of the said condition before the Court which granted bail, petitioner approached the Special Court and the application for release of his passport was allowed ["2024 0 Supreme(Ker) 1398"], which was found to be procedurally incorrect. Courts have clarified that the court is empowered to modify such a condition imposed in bail order ["2023 0 Supreme(All) 1983"], and such applications should be made to the original bail court.Analysis and Conclusion: Proper legal procedure mandates that applicants seek modification or passport release through the court that granted bail, not through other courts or tribunals. Approaching unauthorized forums may lead to orders being recalled or deemed invalid, as evidenced by cases where the order recalling the earlier order is equally without legal authority ["2024 0 Supreme(Ker) 1398"].

• Legal Authority and Limitations Courts have reiterated that conditions such as passport surrender are subject to judicial discretion and statutory provisions. Section 439(1)(a) of Cr.P.C. empowers the High Court to release a person on bail but when doing so in connection with offences punishable with imprisonment of seven years or more ["2023 0 Supreme(All) 1983"]. However, modifications to bail conditions, including passport-related conditions, require proper application and jurisdiction.Analysis and Conclusion: The authority to modify bail conditions is limited and must be exercised within the scope of jurisdiction and statutory provisions. Unauthorized modifications or orders made by courts lacking jurisdiction can be challenged or recalled, emphasizing the importance of following proper legal channels for such modifications.

• Impact of Non-Challenge and Recalls Orders allowing passport release that are not challenged become final, but subsequent orders recalling such releases, especially when made without jurisdiction, are invalid. For example, the order releasing the passport was without authority, but it was not challenged ["2024 0 Supreme(Ker) 1398"], and later orders to recall or cancel such releases are considered legally untenable.Analysis and Conclusion: To ensure validity, orders permitting passport release should be challenged if improperly issued, and courts must act within their jurisdiction. Failure to challenge or improper orders may lead to illegal recalls, but courts are bound to act within their legal authority.

References:- ["2024 0 Supreme(Ker) 1398"]- ["2024 0 Supreme(Ker) 1157"]- ["2023 0 Supreme(All) 1983"]