The main legal point established in the judgment is the Court's authority to grant exemptions under the Passports Act, 1967, based on the specific circumstances of the case and the significance of the religious pilgrimage to the appellant.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 16518/2023

1. The instant application has been filed by appellant no. 3 Mohd. Swaleen under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') for grant of permission to travel to Saudi Arabia for Hajj/Umrah pilgrimage.

2. In the present case, an FIR was registered under Sections 308/323/34 of Indian Penal Code, 1860 (`IPC') and later, Sections 302/307 IPC were also invoked against present appellant along with three other accused. The learned Trial Court after conclusion of trial, convicted the present appellant and three other accused vide judgment dated 20.05.2010, and sentenced the appellant to undergo Rigorous Imprisonment for a period of 10 years and fine of Rs. 1 lac for offence punishable under section 304(I1)/34 IPC, and to further undergo Rigorous Imprisonment for a period of 05 years and fine of Rs. 50,000/- for offences punishable under Section 308/34 IPC vide order dated 21.05.2010. The present appeal against the conviction has been pending before this Court since 2010. This court vide order dated 01.07.2010 had admitted the appeal, and thereafter, had suspended the sentence of appellant, vide order dated 28.02.2012.

3. Learned counsel for the appellant states that the appellant is senior citizen aged about 80 years, and he wishes to perform Hajj pilgrimage, which is a religious duty of every Muslim for which the appellant wishes to apply for passport. It is stated that the appellant had filed an application previously i.e. Crl. M.A. No. 12046 of 2022 before this court, seeking similar prayer, however since appellant did not have the passport and certain details were missing about his intended travel at that time, the said application was dismissed by this Court vide order dated 28.06.2022. It is stated that the appellant had applied for passport before the relevant authorities, but in view of Section 6(2)(e) and (f) of the Passport Authority Act, 1967, he is required to obtain the permission of this Court, as informed by concerned passport authority. It is further argued that in a similar case of Ashok Kumar Sharma v. The Regional Passport Officer, 256(2019) DLT 437, this court had stated that the petitioner is at liberty to make an application for passport at the expiry of a period of 5 years from the date of conviction.

4. On the other hand, learned counsel for the respondent states that the appellant has been convicted by the learned Trial Court, and the appeal against conviction is pending before this Court. It is stated that the case against the appellant is of serious nature, and since the appellant is seeking permission to go abroad i.e. Saudi Arabia, there is possibility of his escape from India.

5. The arguments addressed by both the sides have been heard and material on record has been perused.

6. In the present case, the appellant had been convicted under Section 304(II)/34 and 308/34 IPC on 20.05.2010 and sentenced under appropriate provisions of law on 31.05.2010 by the learned Trial Court. This Court had suspended the sentence of the appellant on 28.02.2012. Now, the appellant by way of instant application seeks permission to apply for issuance of passport, in order to go abroad.

7. It is the case of the appellant that he be exempted from the bar created by Section 6(2)(e) and (f) of the Passports Act, 1967, in order for the him to apply for the issuance of passport. To appreciate the contention raised on behalf of the appellant, Section 6 of the Passports Act is reproduced as under:

6. Refusal of passports, travel documents, etc.-

xxxx xxxx xxxx xxxx

(2) subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:

(a) xxxx xxxx

(b) xxxx xxxx

(c) xxxx xxxx

(d) xxxx xxxx

(e) that the applicant has, at any time during the period of fi