While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
8 months, 1 week ago

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC

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In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail. Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a trial court in Agassaim, Goa while granting bail to one Zakaulla Khazi booked in an attempt to murder case. Justice Deshpande noted that in the initial order granting bail on April 24, 2024, the trial court had imposed certain usual conditions such as mandating the accused person to report to the local police station, not to tamper with witnesses or evidence not to attempt to contact the victim etc. Terming the said condition as unusual, Justice Deshpande said, "While imposing the condition for the grant of bail, the Trial Court does not have such power to direct any person to apply for a passport, obtain it and then surrender it.

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