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

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. However, one of the conditions was to "deposit the passport with the court."

This condition created a major hurdle for Khazi to step out of prison as he did not possess a passport. He, therefore, was compelled to languish in the jail. He then filed an application before the concerned court seeking to modify the said condition so that he could be released. However, the additional sessions court ordered the investigation officer to ascertain if the petitioner accused possessed a passport or not. Subsequently, a report was filed by the office stating that the applicant never applied for a passport.

Taking note of the said report, the court proceeded to modify its initial order by passing a new order on May 13, 2024. This time, the court ordered the petitioner to first apply for a passport, obtain one, surrender it before the court and then get released. The court even granted the petitioner a total of 4 months to complete the said exercise.

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. The direction to deposit the passport could be given only if the Petitioner or the Accused possesses it. The unusual condition which has been imposed in the first place and thereafter, failed to modify it, clearly shows that the Additional Sessions Judge travelled beyond its powers and imposed such conditions, which is normally not required when granting bail."The bench therefore, quashed and set aside the unusual condition imposed on the petitioner.

Case Details: Zakaulla Khazi vs State of Goa (CrWP/575/2024)

Click here to read/download the order