HC removes foreign travel ban and passport surrender for businessman showing consistent compliance with bail conditions

HC allowed petition challenging bail conditions restricting foreign travel and passport surrender. Petitioner, involved in import-export business, was granted bail in case involving allegations of operating bogus firms and creating fake invoices. Despite prosecution's incomplete investigation since 2019 arrest, petitioner demonstrated compliance by traveling six times with court permission and returning as scheduled. Court found travel restrictions burdensome given petitioner's business requirements and consistent cooperation. Relying on SC precedent in Suresh Nanda v. CBI, court held passport impounding falls under Passports Act, not CrPC. Travel restriction condition and passport surrender requirement were set aside. Court substituted modified condition requiring petitioner to file affidavit before each foreign trip detailing itinerary and residence abroad.

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Issues:
1. Condition imposed on petitioner while granting bail regarding travel restrictions and surrendering passport.

Analysis:
The petitioner was granted bail in an investigation by the respondent Department involving allegations of operating bogus firms and creating fake invoices. One of the conditions imposed was that the petitioner shall not leave the country without prior permission and surrender his passport upon return. The petitioner, engaged in import-export business, argued that he needs to travel abroad frequently for business purposes and has complied with all conditions, traveling on six occasions without any misuse of liberty.

The prosecution's incomplete investigation led to delays, with the complaint filed in 2024 despite the arrest in 2019. The Court acknowledged the petitioner's cooperation, noting that he always returned as per the approved itinerary. While the right to travel abroad is a fundamental right, the Court recognized the need for conditions to ensure the petitioner's presence during trial. However, considering the petitioner's compliance and business requirements, the Court deemed the travel restriction condition burdensome and unnecessary.

Regarding the impounding of the passport, the Court referred to the Supreme Court's ruling in Suresh Nanda v. CBI, stating that impounding a passport falls under the Passports Act, a special law, and not under CrPC. Therefore, the Court allowed the petition, setting aside the travel restriction condition and the requirement to surrender the passport. Instead, the petitioner must inform the Court before every trip abroad by filing an affidavit detailing his itinerary and place of residence during travel.

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