By Rahul Gowda , Court Orders & Legal Analysis.
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Case Law
Subject : Criminal Law - Bail Jurisprudence
The judgment, delivered on May 15, 2025, in CRLREV No. 213 of 2025, addressed the petitioner's challenge to the Sessions Judge's refusal to modify the bail condition originally imposed by the Special C.J.M (CBI), Bhubaneswar.
Indrajit
Upon appearing before the trial court on October 9, 2023, Mr.
Petitioner's Submissions (Represented by Senior Advocate Mr. S.K. Padhi):
* The petitioner's family (wife and daughter) resides in the USA, and his wife is ailing, requiring his frequent and sometimes short-notice travel.
* He is a US Green Card holder since 1996 and needs to spend at least six months annually in the USA to maintain this status, facing potential cancellation due to stricter US immigration norms.
* He has meticulously complied with all conditions during previous temporary passport releases.
* The trial is not expected to commence soon as other co-accused are yet to appear.
* He undertook to return within four days if his presence is required by the court.
* Reliance was placed on Suresh Nanda v. CBI regarding the powers of courts to impound passports and Mohammad Hanif Nurani v. The State of Maharashtra where Bombay HC allowed passport release.
CBI's Submissions (Represented by Advocate Mr. Sarthak Nayak):
* The imposition of a passport surrender condition during bail is legal.
* Given the seriousness of the allegations, the petitioner is a "flight risk" and may not return to face trial.
* The trial could be delayed if the petitioner absconds.
* The criminal revision was not maintainable against a bail order.
* Cited
Maintainability of the Revision: Justice Ratho found the criminal revision maintainable, clarifying: > "But in this Criminal Revision, the petitioner has not challenged the bail order of the learned trial Court. He had prayed for waiver / modification of one of the bail conditions by filing an application before the learned Sessions Judge Khurda, at Bhubaneswar , which having been rejected, he has filed the Criminal Revisions challenging the order of the learned Sessions Judge, Bhubaneswar . So in my considered view, the Criminal Revision is maintainable." The Court also noted its inherent powers under Section 528 of BNSS (Section 482 CrPC).
On
Assessment of "Flight Risk" and
Balancing Petitioner's Needs and Prosecution's Concerns: Justice Ratho found merit in the petitioner's submissions regarding his family situation and Green Card requirements, while also appreciating the CBI's apprehension. The decision aimed to strike a balance, ensuring the petitioner's ability to travel while safeguarding the trial's progress.
The High Court set aside the Sessions Judge's order dated April 3, 2025, and allowed the criminal revision with the following modifications to bail condition (ii):
The petitioner's passport shall be released to him immediately.
Before any international travel, he must furnish his travel itinerary, stay details, active contact numbers, and email address at least four days prior to departure.
He must submit an undertaking to return without fail when the case is posted for framing of charge.
Photostat copies of relevant passport entries must be submitted to the trial court within seven days of his return to India.
The passport must be re-deposited in the trial court when the case (S.P.E No.05 of 2014) is posted for framing of charge.
Once trial starts and charges are framed, any further travel abroad would require a fresh application to the trial court, which will consider it based on his conduct.
This judgment reiterates the judiciary's approach to balancing individual liberties with the interests of justice, particularly in cases involving international travel for accused persons on bail, and underscores that bail conditions are not immutable and can be modified based on evolving circumstances and the conduct of the accused.
#BailModification #PassportRelease #CriminalRevision #OrissaHighCourt
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