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Issues: Whether the condition requiring prior permission of the Trial Court for foreign travel and the direction to surrender the passport were sustainable.
Analysis: The petitioner had been on bail since the initial stage of investigation and had travelled abroad on several occasions with permission, returning each time without misuse of liberty. The investigation had remained pending for years, and there was no material showing non-cooperation. The right to travel abroad was treated as a fundamental right that cannot be curtailed casually. As regards passport impounding, the rule that a special law prevails over a general law was applied, and it was noted that impounding of a passport is governed by the Passports Act, not by Section 104 of the Code of Criminal Procedure, 1973.
Conclusion: The travel-permission condition was unsustainable and was set aside, and the petitioner was held not required to surrender his passport.
Final Conclusion: The bail conditions were modified by removing the prior-permission requirement for travel abroad and the passport-surrender direction, while leaving a reporting obligation regarding foreign travel.
Ratio Decidendi: A court cannot impose a passport-impounding direction under the general power in Section 104 of the Code of Criminal Procedure, 1973, where the matter is specifically governed by the Passports Act, 1967, and a restriction on foreign travel must remain proportionate to the purpose of securing attendance and conduct during trial.