Hi All, I was framed in a false dowry case in Gurgaon by my wife and her family and, during my bail, since her lawyer insisted that my passport be taken on file so I couldn't *flee the country*, I was asked to deposit passport within 10 days of bail which I did! I have a 10 years US Business VISA and have made a couple of foreign visits regarding work.
Now, 9 months have filed since FIR and bail, chargesheet was submitted within a month of FIR. Till now, the charges haven't been framed and my passport is languishing on file.
My lawyer recently filed a "bail condition relaxation" application for release of passport with trial court which the judge rejected saying I might flee the country. The judge is very new and young, having joined only 2 months back, and has been giving dates after every 4-5 days without any progress on the status.
My lawyer even showed a few judgments of supreme court under passport act showing that courts can't impound passport but only seize it for some time. He also argued that since the investigation was over 6-7 months back when the challan was filed, I be given back my passport since I need to travel for work.
Now, I need to appeal this decision in Sessions/High Court/Supreme Court!
I would like some help/guidance on the following:
1) Why do the trial court judges keep impounding passports left and right even when supreme court judgments are already in place regarding the same?
2) Where do I appeal this order and what are the normal lawyer charges for making such a Criminal Rev. Petition in Sessions? I can't directly go to the High Court?
3) Does someone have any Bail Relaxation Petition template for Passport Release?
4) The case is completely made up and false, should I appeal for a quash or should I stand trial and let the case run down by itself?
Would appreciate any inputs very much! Thank you!