IMPORTANT POINT
The court established its authority to grant exemption for passport renewal in cases where criminal appeals are pending before the court, based on the provisions of the Passports Act, 1967.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 9690/2023

1. By the way of present application file under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the appellant/applicant seeks permission for renewal of his passport.

2. The appellant herein i.e. Ashutosh Sharma had preferred the above-captioned appeal against the judgment dated 21.04.2011 and order on sentence dated 23.4.2011, passed by the Court of Special Judge, CBI, Karkardooma, Delhi whereby the learned Trial Court had convicted the appellant and had sentenced him to undergo four years of rigorous imprisonment with fine of Rs. 10,000/- under Section 7 of Prevention of Corruption Act, 1988 (`PC Act'),and four years of rigorous imprisonment with fine of Rs. 10,000/- under Sections 13 (2) read with Section 13(1)(d) of PC Act.

3. The appeal was admitted vide order dated 18.05.2011 by this Court and the sentence of the appellant was suspended vide order dated 02.06.2011

4. Learned counsel for the applicant/appellant submits that the appellant was issued a passport bearing number K3316035 on 08.02.1996 which was valid up to 07.02.2006 and it had got expired during the pendency of proceedings before the learned Trial Court. It is further submitted that thereafter, an application had been preferred before the Trial Court for renewal of his passport which was disposed of vide order dated 29.09.2008. It is stated that after the said order, the appellant had applied for renewal of his passport which was later issued to him on 21.02.2012 and was valid up to 20.02.2022. It is argued that during the pendency of the present appeal, the passport of the appellant has expired and he wishes to get his passport renewed, and as per the procedure of passport office, in case of pending criminal proceedings, permission needs to be taken from the concerned Court before making application for renewal of passport. It is stated that the applicant has already been granted bail by this Court without any conditions and he does not pose any flight risk as he is a permanent resident of Delhi and he further undertakes to remain present before this Court as and when directed to do so. Therefore, it is played that the present application be allowed.

5. Learned counsel appearing on behalf of CBI submits that the grounds raised in the present petition are devoid of any merit and there is no reasonable ground to allow the appellant to get his passport renewed, till his appeal against conviction is pending before this Court. Therefore, it is played that the present application be dismissed.

6. The arguments addressed before this Court have been heard and considered and the material on record has been perused.

7. The grounds for refusal of passport are contained under Section 6(2) of the Passports Act, 1967, which 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) ***

(b) ***

(c) ***

(d) ***

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have committed by the applicant are pending before a criminal court in India;"

8. A perusal of aforementioned provision reveals that the passport authority can refuse to issue passport, inter alia, on the following two grounds:

(a) If the applicant has been found guilty of any morally reprehensible offence by an Indian court and sentenced to imprisonment for a period of at least two years, within the last five years prior to the date of application.

(b) If there are criminal