Court holds that surrender of passport as bail condition differs from impounding under Passports Act; grants limited relief with community accountability measures for delayed compliance
In a significant judgment delivered on September 18, 2026, the Delhi High Court, presided by Justice Purushaindra Kumar Kaurav, addressed the contentious issue of passport surrender as a condition of anticipatory bail. The petitioner, Nina Prasad, a 64-year-old woman facing charges under Section 306 of the Indian Penal Code, sought the temporary release of her passport to travel abroad for her son's engagement ceremony and court marriage in the United States.
The case arose from FIR No. 97/2021 registered at Police Station Tigri, Delhi, involving allegations of abetment of suicide against the petitioner and others. The deceased, who was in a live-in relationship with another accused, allegedly committed suicide after being harassed by loan sharks. The petitioner, who worked as Manager (Finance & Administration) with Leonardo Aerospace Defence & Security India Pvt. Ltd., was implicated solely on the basis of a telephonic communication referenced in a suicide note. The High Court had earlier observed prima facie that the ingredients of Section 306 IPC were not made out against her, and stayed further investigation against her.
The petitioner was granted anticipatory bail on May 31, 2024, subject to certain conditions including the surrender of her passport "forthwith." However, she inadvertently delayed the surrender and only deposited the passport in September 2026 after realizing the condition when seeking to travel abroad. The trial court refused her request for temporary release of the passport citing the unconditional nature of the bail condition and the delay in compliance.
Upon appeal, the Delhi High Court clarified a crucial legal distinction: impounding a passport is a power exclusively vested in the Passport Authority under Section 10(3) of the Passports Act, 1967, whereas surrendering a passport as a bail condition is a judicial order related to the bail process and is valid within the court's jurisdiction. Citing precedents including Suresh Nanda v. CBI and Lalit Kumar Babu Lal Tater v. Union of India, the Court held that courts can direct surrender of passports as a bail condition but cannot impound passports under the Passports Act.
Recognizing the petitioner's advanced age, permanent residency, absence of any foreign travel during the period of delay, and the specific, verifiable purpose for travel, the Court granted a limited and safeguarded release of the passport. The judgment emphasized the principle from Parvez Noordin Lokhandwalla v. State of Maharashtra that such release is permissible if the accused's conduct inspires confidence.
To address the petitioner's admitted default in complying with the bail condition, the Court innovatively imposed a voluntary community accountability condition. The petitioner was directed to liaise with a government school in Delhi to ascertain its requirement for furniture or essential items worth Rs. 2,00,000 and to complete the donation within four weeks of her return to India. She was also directed to surrender the passport again within seven days of her return.
This judgment not only provides clarity on the legal nuances relating to passport surrender and impounding but also demonstrates the Court's sensitivity towards balancing procedural compliance with humanitarian considerations. The decision underscores that bail conditions must be enforced with fairness and proportionality and that courts may impose constructive conditions, such as community service, to remedy non-compliance.
Bottom Line:
Bail condition directing surrender/deposit of passport is distinct from impounding of passport under the Passports Act; court can grant limited temporary release of passport for a specific and verifiable foreign visit subject to safeguards and proportionate conditions, including voluntary community accountability.
Statutory provision(s):
Passports Act, 1967 Section 10(3), Criminal Procedure Code, 1973 Sections 438, 102, 104, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 480, Indian Penal Code Section 306
Nina Prasad v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2983438
