Absolute right to bail in bailable offences cannot be curtailed by passport surrender or foreign travel restrictions.

In a bailable offence, bail is an absolute statutory entitlement once the accused offers bail, and the Magistrate's power is limited to the manner of furnishing bail and conditions directed to securing attendance. The Bombay High Court analysis states that Section 436 of the Code of Criminal Procedure does not authorise conditions requiring surrender of a passport or restraining travel outside India without prior permission. Such restrictions are not terms necessary for bail in a bailable offence; if absconding is feared, recourse must be taken under other lawful provisions, including the law relating to passports. The passport-deposit and foreign travel restrictions were therefore without jurisdiction and liable to be set aside.

---

---

Issues: Whether, while granting bail in a bailable offence, the Magistrate can impose a condition requiring surrender of passport and a further condition restraining travel outside India without prior permission of the Court.

Analysis: The statutory scheme under Section 436 of the Code of Criminal Procedure, 1973 confers an absolute right to bail in bailable offences, subject only to the manner of furnishing bail and the limited proviso relating to indigent accused. The power to impose conditions is found in the provisions dealing with non-bailable offences and special powers of the High Court or Court of Session, not in Section 436. The bond under Section 441 is directed to securing attendance, and a passport-surrender condition or a restraint on foreign is not a term as to bail in a bailable offence. If there is apprehension of absconding, recourse lies to other lawful measures, including steps concerning the passport under the appropriate law.

Conclusion: The condition requiring deposit of the passport and the condition prohibiting travel outside India without permission were without jurisdiction and liable to be set aside.

Ratio Decidendi: In a bailable offence, the accused has an absolute right to be released on bail on offering bail, and the Magistrate cannot impose conditions that are not terms necessary for securing attendance, such as surrender of passport or prior permission for foreign .

---