Passport deposit bail condition may be relaxed for temporary foreign travel, subject to undertaking and redeposit safeguards

A bail condition requiring deposit of a passport is distinct from passport impounding, and the Court's inherent power under Section 482 CrPC may be invoked to permit temporary travel abroad in appropriate cases. The Court found no basis to generally modify the original bail condition, but granted limited relief by allowing return of the passport for the permitted travel period, subject to execution of a bond and an undertaking to redeposit the passport on return, consistent with the safeguard contemplated for accused persons with pending criminal proceedings.

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Issues: Whether the condition requiring deposit of the passport could be relaxed so as to permit travel abroad in exercise of the Court's power under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The application, though styled under Section 439(1)(b), sought relief beyond mere alteration of bail conditions and raised the Court's inherent power to permit travel abroad. The Court noted that deposit of a passport as a bail condition is different from impounding a passport under the Passport Act, and that the statutory bar under Section 6(2)(f) of the Indian Passport Act, 1967 was subject to the Central Government circular in GSR 570E dated 25.08.1993, which contemplated permission from the concerned Magistrate for accused persons with pending criminal proceedings. The Court held that there was no basis to modify the original bail condition generally, but limited relief could be granted by permitting temporary release of the passport for travel, subject to safeguards.

Conclusion: The request was allowed only to a limited extent by directing that the passport may be returned for the permitted travel period upon execution of a bond and filing of an undertaking to redeposit it on return; the prayer for broader modification was declined.

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