TMI Blog2014 (9) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... Sure Nanda v. Central Bureau of Investigation [ 2008 (1) TMI 876 - SUPREME COURT ] and in GIAN SINGH VERSUS STATE OF RAJASTHAN [ 1999 (5) TMI 629 - SUPREME COURT] saying that the investigating officials have no right of their own to impound the passport, but for the passport officials under the provisions of the Indian Passport Act, 1967. Here, the impounding the passport by investigating officers is entirely different from seeking to deposit the passport by the Court as one of the conditions of the bail to see that the accused shall not jump the bail or form the clutches of the Justice by using or misusing the passport even there is a bar under Section 6(2)(f) of the Indian Passport Act, 1967 of any person who is accused of crime in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to forfeit the said bond amount as one of the modes of penalty contemplated by section 53(5) of Indian Penal Code. The Criminal Petition is disposed of. - Criminal Petition No. 10852 of 2014 - - - Dated:- 2-9-2014 - B. Siva Sankara Rao, J. For Appellant: N. Naveen Kumar For Respondents: Public Prosecutor ORDER B. Siva Sankara Rao, J. 1. This Criminal Petition filed though mentioned Section 439(1)(b) Cr.P.C. to relax condition imposed in the bail for return of the passport, the prayer in the application is further to permit the petitioner to leave the Country and for that to return the passport lying in deposit as one of the conditions of the bail order passed earlier and pass such other orders in saying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuant to the said order submitting himself to judicial custody before the learned IV Additional Chief Metropolitan Magistrate, Hyderabad. He submits that earlier A.2 filed quash petition under Section 482 Cr.P.C. to which the petitioner and A.3 not parties vide Crl. P. No. 6676 of 2011 and obtained interim orders of stay of further proceedings in C.C. No. 387 of 2011 pending on the file of IV Additional Chief Metropolitan Magistrates Court, Hyderabad. Petitioner earlier filed application to permit to leave the Country for thirty days to go to the Country Rwanda and it appears this Court vide orders dated 05.02.2014 so permitted which is between 26.12.2014 to 12.03.2014 by taking back the passport in deposit in Court made by the investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t besides bank account etc. so that the accused must be available to face the trial which involves embezzlement of the funds of the Government Entity. 5. Now the points for consideration: 1) what is the order the petitioner is entitled and can be permitted to, to what extent if at all for return of the passport to travel abroad within the power of the Court under Section 482 Cr.P.C.? 2) To what result? 6. As per the Apex Courts guidelines in Mhetre's case (referred supra) as part of the conditions of the bail besides property title deeds required to be deposited including bank accounts and deposit of even the passport of accused before the learned Magistrate though there are expressions in Sure Nanda v. Central Bureau of Inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olitan Magistrate, Hyderabad, before whom the passport is in deposit, in the event of the petitioners application as contemplated by the Circular instructions of the Union of India in GSR 570E dated 25.08.1993 relaxing and modifying to some extent, the bar under Section 6(2)(f) of the Indian Passport Act within its power under Section 22 of the Indian Passport Act to permit to have travel document pursuant to passport from the authorities concerned for integram period till end of December, 2014, and in such event, when the passport is required for such travel permit to return the passport subject to undertaking to re-deposit and subject to execution of a bond for ₹ 2,00,000/- (Rupees Two Lakhs only) with affidavit undertaking of re-de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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