Court Waives Passport Submission, Modifies Reporting for Appellant; Travel Allowed with Investigation Cooperation. The court disposed of the appeal by waiving the condition requiring the appellant to submit their passport and modified the requirement to join the ...
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Court Waives Passport Submission, Modifies Reporting for Appellant; Travel Allowed with Investigation Cooperation.
The court disposed of the appeal by waiving the condition requiring the appellant to submit their passport and modified the requirement to join the investigation monthly. Instead, the appellant must report to the respondent as and when intimated. The court noted that restraining a passport should occur only in extremely serious cases and cannot be routine. Consequently, the appellant is allowed to leave India without needing to report to the court, provided they cooperate with the investigation as required.
Issues involved: The issues involved in the judgment are the continuation of conditions imposed while granting bail regarding the detention of passport and the requirement to join the investigation every month.
Continuation of conditions imposed while granting bail: The investigation was stated to be complete, and the appellant was held personally liable for a penalty of Rs. 25,000. The appellant expressed willingness to deposit the amount without prejudice to his rights and contentions. The controversy before the court was whether the condition of detaining the passport and attending the investigation every month should continue. The appellant sought modification to attend proceedings as and when called. The court considered that restraining the passport normally arises in extremely serious cases and cannot be done routinely. The court directed that the condition of submitting the passport is waived, and the appellant will be required to report to the respondent as and when intimated.
Requirement to join the investigation every month: The conditions imposed included cooperating with the investigation, appearing before the Investigating Officer/Department as required, and appearing before officials of the Department in the first week of every calendar month until the charge-sheet is filed. The court modified this condition to the extent that the appellant will be required to report to the respondent as and when intimated. Consequently, the passport need not be deposited, and the appellant is permitted to leave India without the requirement of reporting to the Court.
Disposition of the appeal: The appeal was disposed of accordingly, with the court waiving the condition of submitting the passport and modifying the requirement for the appellant to report to the respondent as and when intimated.
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