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Nina Prasad vs. State of NCT of Delhi & Anr.

Criminal Miscellaneous Case · CNR No. DLHC010446482026Decided 18 Sept 2026New Delhi Bench
CRL.M.C. 6963/2026CNR: DLHC010446482026
Justice Purushaindra Kumar Kaurav

Background

A 64-year-old woman, granted anticipatory bail in a case involving alleged abetment of suicide (Section 306 IPC), had been directed as a bail condition to surrender her passport, but due to an oversight by both her and the investigating officer, this did not happen for over two years. She only discovered the lapse while planning to travel abroad for her son's wedding, promptly surrendered her passport, and then applied for its temporary release for the trip, which the trial court refused.

Decision Breakdown

The High Court clarified that while only the Passport Authority can permanently "impound" a passport, a court can validly require an accused to deposit one as a bail condition, and that condition remains binding until the court that imposed it changes it. Considering her age, that she had never actually misused the delay to travel anywhere, her candid apology, and an earlier prima facie finding that the abetment charge itself may not be made out against her, the Court allowed temporary release of her passport for the specific, verified trip, on the condition that she make a Rs. 2,00,000 donation of furniture/items to a government school as a form of accountability, and surrender the passport again on her return.

Lesson Learnt

A bail condition like passport surrender stays legally binding until a court formally relaxes it, but courts can grant limited, safeguarded relief (such as a one-time supervised passport release) where the person shows genuine good faith, no actual misuse, and offers a fair, proportionate accountability measure.

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