Releasing a passport impounded/deposited in court case

Releasing a passport impounded/deposited in court case

Harpreet Singh vs State (NCT of Delhi)

Delhi HC

16/08/2004

114 (2004) DLT 410

About/from the judgment:

In the facts and circumstances of this case, I am of the considered view that condition imposed in the bail order dated 9.4.2003 that petitioner shall not leave country without prior permission of the Court, should be waived/modified, subject to following conditions, (i) petitioner shall file an affidavit of undertaking before the Trial Court, that he shall not sell, assign or other wise dispose of the factory premises bearing No. S-80 at Okhla Industrial Area, Phase-II, Delhi, and that petitioner shall attend the Court on each and every date of hearing, unless exempted from personal appearance, by the Trial Court, and (ii) petitioner's mother (Smt. Sharanjit Kaur) shall also file an affidavit of undertaking before Trial Court to the effect that she will not dispose of property bearing No. B-536, New Friends Colony, New Delhi, pending final disposal of the case.

 

On filing of the above undertakings, before the learned Trial Court condition imposed in the bail order dated 9.4.2003, directing that the petitioner, shall not leave country, without prior permission of the Court, shall stand waived. The ratio of the decisions cited by the learned Counsel for the complainant are not applicable to the facts at hand.

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