High Court Quashes Bail Condition Mandating Passport Application: Court Cannot Direct to Apply for Passport

Bombay High Court at Goa modifies trial court's bail condition, reinforcing judicial limitations on bail terms.

The Bombay High Court at Goa has set aside a contentious bail condition imposed by a trial court that required an accused, who did not possess a passport, to apply for and submit one as part of his bail terms. Justice Bharat P. Deshpande delivered the judgment on July 9, 2024, emphasizing that courts lack the authority to compel an individual to apply for a passport as a bail condition.

The petitioner, Mr. Zakaulla Khazi, was arrested on April 3, 2024, in connection with FIR No. 20/2024 registered at Agassaim Police Station for offenses under Sections 307, 504, 506(ii) read with Section 34 of the IPC. Following his arrest, Mr. Khazi was granted bail by the Additional Sessions Court, which included an unusual condition requiring him to deposit his passport with the court. However, Mr. Khazi did not possess a passport and had never applied for one.

The trial court's order dated April 23, 2024, granted bail to Mr. Khazi on a personal bond of Rs. 50,000 with one surety of the same amount, alongside several conditions. The third condition required him to deposit his passport, which Mr. Khazi did not possess. Despite informing the trial court about this fact, his application for modification of this condition was rejected, and the court directed him to surrender a passport within four months.

Justice Deshpande observed that the trial court had overstepped its authority by imposing a condition that essentially mandated Mr. Khazi to apply for a passport. The High Court held that the trial court should have modified the condition to state, "The Applicant to deposit the passport, if any," instead of directing the accused to acquire one. The judgment noted, "The learned Trial Court does not have such power to direct any person to apply for a passport, obtain it, and then surrender it."

Justice Deshpande remarked, "While imposing the condition for the grant of bail, the learned 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 Bombay High Court's ruling underscores the limitations of judicial power in imposing bail conditions and reinforces the principle that conditions should be practical and within the bounds of the accused's current circumstances. By setting aside the impractical bail condition, the judgment protects the rights of the accused while ensuring adherence to legal standards. This decision is expected to influence future cases, ensuring that bail conditions remain reasonable and enforceable within the legal framework.

Date of Decision: July 9, 2024

Mr. Zakaulla Khazi vs. State of Goa and Agassaim Police Station