Supreme CourtDivision Bench(2019) 02 SC CK 0178

Mohd. Israphil vs State Of Jharkhand & Anr

Supreme Court Of India · Decided on 1 February 2019

HON’BLE JUDGES
Dr. Dhananjaya Y. Chandrachud, J · Hemant Gupta, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 205 Of 2019

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Judgment

7 paragraphs · 188 words

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The F.I.R. has been lodged against the appellant under Section 498A of the Indian Penal Code, 1860.

The High Court by its order dated 29 November 2018 granted anticipatory bail to the appellant under Section 438(2) of the Code of Criminal Procedure, subject to conditions.

The challenge to the order of the High Court is in regard to the condition that the appellant would submit his passport in the Trial Court on the date of his surrender.

Learned counsel appearing on behalf of the appellant states that the appellant is gainfully employed in Saudi Arabia since 2014. However, it is stated that the appellant would, subject to his right to file an application for exemption from appearing before the Trial Court, appear on such dates as he is required to remain present.

Since the appellant is gainfully employed in Saudi Arabia since 2014 for his livelihood, and in view of the aforesaid statement and the undertaking, which we accept, we modify the impugned order of the High Court by setting aside the condition requiring the appellant to surrender his passport.

The appeal is accordingly disposed of.