You don’t have this right… The judge set such a condition for bail, even the HC was surprised.

Mumbai. Usually, before granting bail to an accused, courts impose strict conditions so that he cannot escape from the legal process. A case came to light in Goa, where the Sessions Court imposed such a condition before the accused, which he could not fulfill even if he wanted to. Actually, what happened was that before granting bail to the accused, the Sessions Court ordered him to submit his passport. The accused did not have a passport. In such a situation, when he informed the court about this, he was given four months time to make the passport. When the Bombay High Court came to know about this entire incident, it expressed its displeasure in this matter.

Justice Bharat Deshpande of the Goa bench of the Bombay High Court expressed surprise at the order of the lower court. The bench said that by such an order the Sessions Court is clearly compelling the accused to apply for a passport and then submit the same. The bench asked whether the Court was expecting that the accused would first apply for a passport, obtain it and then submit it to the police before being released from jail.

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The court does not have this authority…
The High Court said, “While imposing a condition of submission of passport for granting bail, the Sessions Court has no power to direct a person to apply for a passport, obtain it and then surrender it. The unusual condition imposed for the first time and subsequent non-modification clearly shows that the Additional Sessions Judge has acted beyond his powers.”

The judge did not agree even on the amendment petition…
The bench rejected the condition of submitting the passport. The court was hearing the bail plea of ​​an 18-year-old youth arrested in the case of attempt to murder in Agasim in Goa this year. The Sessions Judge had granted him bail on a bond of Rs 50,000 and also imposed some other conditions like registering his presence before the police and submitting his passport before the court. The youth said in his petition that the fact that he did not have a passport was told to the sessions court, but it was not considered. The man filed an application before the sessions court seeking modification of the condition in his bail order. However, instead of modifying the condition, the sessions court suspended the condition for four months and directed the accused to surrender the passport by then.

Tags: Bombay high court, Goa news, Mumbai News