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Passport – Renewal – Condition to hand over passport to CBI

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Trial of the petitioner accused for offences under Sections 420, 467, 468, 471, 477A and 120B of the IPC on the basis of complaint of the Bank has started. CBI has examined 29 out of 55 witnesses.  The petitioner is granted anticipatory bail on 5.9.2001.

The request of the petitioner before the Additional Chief Judicial Magistrate, Mumbai, to renewal passport was granted on conditions.

However, one of the conditions is that after arrival, the passport shall be handed over to the CBI.

HELD that the right to travel is a fundamental right.  The condition of deposit passport with the CBI cannot be sustained since it amounts to unreasonable restrictions on the movement.   This condition is, therefore, waived subject to the direction to the Petitioner to file the details of the immovable properties owned by the petitioner before the trial Court.

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