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No restriction in Bail condition, travel restriction added in passport renewal
8 months ago
I have a pending criminal case under section 354, 323 IPC & 23,26 JUVENILE JUSTICE ACT. The case dates back to 2010 and Bail was granted the next day of arrest. At the time of bail no condition or restrictions to travel had been imposed by the trial court. I needed to renew my passport now and the RPO needed a court order & NOC from the trial court. In the new order court had added condition to take permission before travelling abroad. Can this be reversed, I need to travel frequently for work?
A.Dear Client,
File an Application: You might need to file an application with the court that issued the bail order. This application should explain your reasons for requesting a modification of the travel restriction. You'll need to present strong arguments that support your need for frequent travel due to work.
Reasonable Grounds: In most cases, courts are more likely to consider modifying bail conditions if you can demonstrate reasonable grounds for the requested change. These grounds might include the nature of your work, the importance of your travel, and any evidence that supports your claim.
Prosecution's Response: Keep in mind that the prosecution might also have an opportunity to respond to your application, and the court will consider both sides before making a decision.
Court's Discretion: Courts generally have discretionary powers to impose or modify bail conditions based on their assessment of the situation. The final decision will depend on various factors, including the seriousness of the charges, your criminal history, the court's perception of flight risk, and more.
Mitigating Factors: If there have been changes in your personal circumstances since the bail conditions were initially imposed, such as the passage of time or changes in your work obligations, these could be used as arguments for modification.
Thanks
File an Application: You might need to file an application with the court that issued the bail order. This application should explain your reasons for requesting a modification of the travel restriction. You'll need to present strong arguments that support your need for frequent travel due to work.
Reasonable Grounds: In most cases, courts are more likely to consider modifying bail conditions if you can demonstrate reasonable grounds for the requested change. These grounds might include the nature of your work, the importance of your travel, and any evidence that supports your claim.
Prosecution's Response: Keep in mind that the prosecution might also have an opportunity to respond to your application, and the court will consider both sides before making a decision.
Court's Discretion: Courts generally have discretionary powers to impose or modify bail conditions based on their assessment of the situation. The final decision will depend on various factors, including the seriousness of the charges, your criminal history, the court's perception of flight risk, and more.
Mitigating Factors: If there have been changes in your personal circumstances since the bail conditions were initially imposed, such as the passage of time or changes in your work obligations, these could be used as arguments for modification.
Thanks
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