Bombay HC Quashes 'Unusual' Passport Condition for Bail

The Bombay High Court's Goa bench overturned a sessions court's order that required an accused to deposit his passport for bail, despite having no passport. The HC criticized the sessions court's insistence and ultimately quashed the unusual condition, stating that such power exceeds the court's jurisdiction.


Devdiscourse News Desk | Mumbai | Updated: 11-07-2024 16:03 IST | Created: 11-07-2024 16:03 IST
Bombay HC Quashes 'Unusual' Passport Condition for Bail
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The Bombay High Court's Goa bench has annulled a sessions court's "unusual" condition that required an accused to deposit his passport for bail, even though he did not have one. The high court expressed its bewilderment over such a stipulation and deemed it beyond the court's jurisdiction.

Justice Bharat Deshpande noted that the sessions court had mandated the accused to apply for a passport, procure it, and then submit it to the police before considering his release from jail. The HC highlighted that the sessions court does not possess the authority to direct an individual to acquire and surrender a passport as a bail condition.

The judgment came in response to a petition filed by an 18-year-old accused of attempted murder, who was granted bail with a bond of Rs 50,000 and additional conditions, including passport submission. The sessions court had ignored the fact that he did not possess a passport and failed to modify the condition, leading to the high court's intervention.

(With inputs from agencies.)

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