IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.150/2008 Jitendra Farsoia Vs. State of Raj. & Anr. 30.1.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Pankaj Jain, for the petitioner. Shri Arun Sharma, Public Prosecutor. The petitioner in this petition under Section 482 Cr.P.C. has prayed for quashing of the condition imposed by the learned Magistrate while granting bail to the accused petitioner vide order dated 15.1.2008 to the effect that the petitioner shall deposit his original Pass Port in court. The learned counsel for the petitioner has submitted that the above condition amounts to unreasonable restriction in the light of the judgment of the Hon'ble Supreme Court in the case of Maneka Gandhi Vs. Union of India reported in 1978 Vol.1 SCC page 248. Learned counsel for the petitioner has submitted that the petitioner with a view to safe guard the interest of the complainant who has filed the complaint under Section 138 of the N.I. Act for the alleged dis honoring of the cheque for Rs.4 lacs is willing to submit a security for the aforesaid amount of Rs.4 lacs and that the petitioner shall not in any manner delay the proceedings in the trial and shall in the event of his absence from the country in connection with his business shall inform the court and seek prior permission and appear before the court through his counsel on the date fixed. I have considered the above submission. Since the petitioner has undertaken to submit a security to safe guard the interest of the complainant and also that he shall leave the country on obtaining prior permission this court is inclined to release the pass port of the petitioner who is reported to travel out of the country in connection with his business for earning his livelihood. In the facts and circumstances the petitioner is permitted to submit the fixed deposit receipt in favour of the court for an amount of Rs.4 lacs for a period of 18 months within two weeks. In the event of the said fixed deposit receipt submitted before the learned Magistrate by the petitioner for an amount of Rs.4 lacs, the condition for depositing the Pass Port, which the petitioner has already deposited in court under the order dated 15.1.2008, shall be returned to the petitioner after retaining a photo stat copy of the same on record. This criminal misc. petition under Section 482 Cr.P.C. is disposed of as indicated above. In case the complainant wants any modification of this order he is free to approach this court for the same. (DALIP SINGH),J. Ramchandrkhatri,PS