In a case of conditional anticipatory bail, a very unfavourable condition was put forward to a commercial pilot flying on international routes. The concerned patron approached us with great hope.
Being a pilot with a leading airline, this was gross prejudicial to our patron. A pilot can’t predetermine as to which flight and what country would be scheduled.
The petitioner provided with a self-attested flight schedule to the court. The schedule was spontaneous and had various different places to travel to. Be it Dubai, Riyadh, Bangkok, etc. It was not practical on the part of the pilot, to seek permission from the court time and again in such a short span of time. A pilot is given very short breaks of 2-3 days only before flying out of India. Hence, it will be very tough to comply with the bail order.
Other party had raised various objections to the application to the court. Those being,
Court held that such conditions should be imposed with extreme care. It cannot be imposed mechanically is every case where the accused possess a passport.
Court allowed the petition and set aside the passport confiscation condition imposed by the Sessions court.
Trial court was directed to return the passport without delay.
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