Bail condition on foreign travel modified where passport deposit and travel restriction were found excessive on the facts.

The bail condition restraining the petitioner from leaving India and requiring deposit of his passport was held excessive on the facts, given his age, frequent foreign travel for medical treatment, permanent residence in Mumbai, and the absence of a substantial apprehension of absconding or evasion of trial. The condition was modified to permit travel abroad on prior written intimation to the Enforcement Directorate, with return of the passport after copies were retained. The separate prayer for quashment was not adjudicated on merits and stood disposed of as not pressed.

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Issues: Whether the condition restraining the petitioner from leaving India and requiring deposit of passport in the bail order required relaxation.

Analysis: The proceeding for quashment was not pursued at that stage and stood disposed of as not pressed. On the bail issue, the Court considered the petitioner's age, frequent foreign travel for medical treatment, permanent residence in Mumbai, and the absence of any substantial apprehension that he would abscond or evade trial. In these circumstances, the restrictive condition was found to be excessive and capable of modification.

Conclusion: The bail condition was modified by permitting the petitioner to leave India on prior written intimation to the Enforcement Directorate and by directing return of the passport after retaining copies. The prayer for quashment was not adjudicated on merits.

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