The petitioner herein is an unemployed, but educated youth. He is involved as accused in a crime registered under Sections 323, 324 and 452 read with 34 of Indian Penal Code. Pending the proceedings, he made application before the learned Magistrate for permission to apply for a passport, finding some business prospects abroad. If he waits for years till conclusion of trial, he will not be able to join his employment. The learned Magistrate allowed the application, Crl.M.P. No.2077 of 2013, on certain conditions. One is that he shall execute a bond with two solvent sureties for ₹ 2 lakhs each and the other is that he shall make cash deposit of ₹ 50,000/-. The petitioner is aggrieved by the second condition. 2. On hearing the learned counsel and on a perusal of the impugned order, I find that the said condition will do injustice to the petitioner, who is an unemployed youth and who wants to go abroad for employment there. It would be Crl.M.C No.7114 of 2014 2 inappropriate and unjust to direct him to deposit ₹ 50,000/-. I feel that the other condition itself will suffice in the particular facts and circumstances. I find the necessity of interference under Section 482 of the Code of Criminal Procedure in this case.
In the result, this petition is allowed. The second condition imposed by the court below as per order dated 28.6.2013 in Crl.M.P. No.2077 of 2013 will stand cancelled. If the petitioner's sureties in the main case are solvent, they can be accepted by the court.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge