Proportionality in bail travel restrictions led the HC to permit temporary foreign travel with safeguards

Bail conditions restricting foreign travel and retention of passport may be relaxed where investigation is complete, trial is not near conclusion, and the prosecution shows no compelling need for continued restraint. Applying rationality and proportionality, the HC balanced personal liberty against the State's interest in securing the accused's ? No, must be English. Let's craft correctly. It found the restriction justified only to the extent necessary and modified the condition for temporary business travel abroad, subject to safeguards including disclosure of travel details, periodic contact, a monetary deposit, and preservation of immovable properties. The passport was to be returned temporarily for the permitted travel period.

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Issues: Whether the bail condition restricting the petitioner's foreign travel and retention of passport should be modified to permit temporary travel abroad.

Analysis: The Court noted that investigation had been completed, the petitioner had sought temporary permission to travel abroad for business, and the prosecution had not shown a definite timeline for conclusion of trial or any compelling basis for continued restriction. It balanced the accused's personal liberty against the State's interest in securing his presence and held that the restriction had to be tested on rationality and proportionality. On the facts, the Court found it to relax the condition for a limited period with safeguards, including disclosure of travel details, periodic contact, monetary deposit, and preservation of immovable properties.

Conclusion: The bail condition was modified, the petitioner was permitted to travel abroad for one month on the conditions imposed, and the passport was directed to be returned temporarily for that purpose.

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