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2008 (9) TMI 373 - HC - CustomsDeposit the passport with the Customs Department - bail - whether a Court under the said Code of 1973 while granting bail in a bailable offence can impose a condition of surrender of passport and further condition that the accused shall not travel abroad without permission of the Court? Held that:- The Magistrate cannot impose a condition while granting bail in a bailable offence of not leaving India without the permission of the Court. Whenever the Petitioner is enlarged on bail, he is bound to attend the concerned Court on the date fixed or whenever he is called upon to do so. This obligation is created by the bail bond. The application is allowed by setting aside the direction in order dated 15th April 2006 of depositing the passport as well as the consequential direction that the Petitioner shall not leave India without prior permission of the Court. It is however clarified that the Petitioner is bound by the other conditions incorporated in the bail bonds.The passport of the Applicant shall be returned to him within a period of six weeks from today.
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