Legal Question in Criminal Law in India

A legal advice(Help Me)
Mr X was granted a bail from the lowar court againest 498A and 406 at the time of bail it was not known that he has a valid passport with UK visa,hence the passport was not ceased by the court.Mr X visited UK within the bail priod without the permission of the court.Subsequently the fact of UK Visit was brought to the notice of the court and a case started .The law year of Mr X's law year is now pleeding on the point that as Mr X has not break any condition of the bail bond excuted (as per section 496 and 499 )and as Mr X is attending the court on the date whenever called for as Mr X has not break any condition of the bail bond so he can go any where without the permission of the court (Bail bond implies only an oath that he shout atteain the court whenever ask for and know speacial condition has been embeded in the bail bond)So the court has no right to punish Mr X for the Visit of UK without the permission of the court and the court can not cancle or cease his passport in this case.
Pls help me with the advice as to what is the legal procedure or rule no/Act no. can Mr X escape on this plea.one of the lawyear said passport can't be cesed at this stage as the case has already started.Is the explanation true? Pls help me.

Asked on 12/24/08, 9:47 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: A legal advice(Help Me)

Already replied.

Answered on 12/25/08, 6:40 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: A legal advice(Help Me)

If he attends the court on every date then you can't challenge his visiting in and out of india. However if he remains absent you can ask the court to restrain his going out by confisticating his passport.

Answered on 12/27/08, 11:10 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Re: A legal advice(Help Me)

If Court has already ruled in favour of X, you need to consult your lawyer with respect to approaching higher courts.

Generally, if accused is not hampering with trial or tampering with evidence/witnesses, then such things like he traveling out of India without prior permission of court looses its importance.

Answered on 12/25/08, 12:22 am

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