2024 (11) TMI 191

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.... Standing Counsel ORDER 1. The petitioner is essentially aggrieved by the condition imposed on the petitioner while granting bail. By the order dated 12.12.2019, the petitioner was admitted on bail in an investigation carried out by the respondent Department alleging that the petitioner was operating bogus and non-existing firms and had allegedly created fake invoices/inadmissible Input Tax ....

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....that it is an admitted case of the prosecution that the investigation is incomplete which has led to the filing of the complaint before the concerned Court. 5. Considering that the petitioner was arrested on 25.11.2019 at the initial stage of investigation and was admitted on bail vide order dated 12.12.2019, the learned Trial Court rightly put the condition that the petitioner shall not leave ....

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....casual manner. Even though the Courts are empowered to put an appropriate condition so as to ensure the presence of the petitioner during the course of trial, however, the petitioner has already shown his bona fide by not misusing the liberty and has always come back by taking the permission to travel abroad. 8. This Court is of the opinion that continuing with such condition would be onerous. ....

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....alia specialibus non derogant. Hence, impounding of a passport cannot be done by the court under Section 104 CrPC though it can impound any other document or thing." 9. In view of the above, the present petition is allowed and the condition imposed by the learned Trial Court to the extent that the petitioner would need permission of the learned Trial Court is set aside. 10. It is also direct....