Return of passport allowed where no continuing impediment, subject to trial-court permission and travel undertaking.

Where a bail order earlier required deposit of the accused's passport but no active complaint, sanction or continuing procedural impediment remained, the court found no bar to returning the passport while preserving the trial court's power to regulate overseas travel; accordingly the impugned order refusing return of the passport is quashed and the passport is ordered returned to the petitioner on the condition that the petitioner obtain trial-court permission for any overseas travel and file an undertaking not to travel without such permission.

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Issues: Whether the trial Court's order dated 29th July 2024 rejecting the petitioner's application for return of his passport and permission to travel overseas should be quashed and the passport returned to the petitioner.

Analysis: The petitioner was released on bail by an earlier High Court order which included a condition to deposit his passport. Certain financial deposit conditions in that bail order were subsequently quashed by the Apex Court, but the bail release remained. The trial Court dismissed successive applications for return of the passport on procedural and maintainability grounds, including a finding that it lacked jurisdiction because the passport-deposit condition stemmed from the High Court. Consideration was given to the long passage of time since bail, absence of a filed complaint, and lack of sanctioned proceedings against the petitioner. In those circumstances, and in view of the material placed before the Court regarding the petitioner's business travel, there was no continuing impediment to returning the passport to the petitioner while preserving the trial Court's authority to regulate overseas travel.

Conclusion: The order dated 29th July 2024 is quashed to the extent it refuses return of the passport; the petition is allowed and the petitioner's passport is to be returned to him. The petitioner must seek the trial Court's permission before any overseas travel and file an undertaking that he will not travel without such permission. (Decision in favour of the appellant.)

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