IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J.
Samirbhai Nalinbhai Patel – Petitioner
Versus
Union Of India And Anr. – Respondents
R/Special Civil Application No. 2778 of 2026
Decided On : 02-03-2026
| Table of Content |
|---|
| 1. pending trials and conditions of anticipatory bail. (Para 2) |
| 2. validity and renewal of passport amidst criminal proceedings. (Para 3 , 5) |
| 3. regulations regarding passport issuance under certain conditions. (Para 6 , 7) |
| 4. interpretation of law regarding passport renewal and travel permissions. (Para 8 , 9) |
| 5. final order on renewal of passport with conditions. (Para 10 , 11) |
ORDER :
ANIRUDDHA P. MAYEE, J.
1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondents.
2. It is submitted by the learned advocate for the petitioner that the petitioner has been arraigned as an accused in 3 FIRs arising out of the same set of facts and transaction being (i) CR-I No. 11192018220218 of 2022 dated 26.07.2022 registered at Dhandhuka Police Station, Ahmedabad (Rural), (ii) CR-I No. 11190001220293 of 2022 dated 26.07.2022 registered at Barwada Police Station, Botad and (iii) CR-I No. 11190006220446 of 2022 dated 26.07.2022 registered at Ranpur Police Station, Botad for the alleged offence punishable under Sections 304 , 328 and 120B of IPC and Section 67 -1A of the Gujarat Prohibition Act. Learned advocate for the petitioner further submits that in connection with the said FIRs, the petitioner had preferred applications being Cr.M.A. No. 15158 of 2022, Cr.M.A. No. 15170 of 2022 and Cr.M.A. No. 15172 of 2022 before this Court, wherein this Court vide common order dated 15.09.2022 was pleased to enlarge the petitioner on anticipatory bail. It is submitted that investigation in connection with the said FIRs has been concluded and charge sheet has been filed in all the three cases being Sessions Case No. 283 of 2022 before the District & Sessions Court, Ahmedabad (Rural) and Sessions Case No. 70 of 2022 and Sessions Case No. 71 of 2022 before the District Court, Botad. The aforesaid Sessions Cases are pending trial.
2.1 It is further submitted that since the passport of the petitioner along with Visa to USA was due to expire in near future, the petitioner has preferred interim applications before this Court seeking modification / relaxation of the condition imposed in the Anticipatory Bail order which directed the petitioner to deposit his passport and restrained him from leaving India without prior permission of the Court. After considering the submissions and the facts, this Court vide its order dated 15.01.2026 had directed that the said condition was to be kept in abeyance for a period of three months with liberty to the petitioner to seek further extension, if required. Pursuant to the aforesaid order dated 15.01.2026, the petitioner had renewed the Visa to USA being valid from 03.02.2026 to 29.01.2036. The passport which was issued on 10.08.2016 and is valid upto 09.08.2026.
3. Mr. Pradip D. Bhate, learned advocate for the respondent No.1 submits that since the criminal case is pending against the petitioner, the passport of the petitioner is being renewed annually. However, learned advocate could not dispute the legal position that the passport of the petitioner can be renewed for a normal period of 10 years.
4. Heard learned advocates for the parties, considered the submissions and perused the documents on record.
5. It is not in dispute that the petitioner was holding a valid passport, which was issued on 10.08.2016 and is valid upto 09.08.2026. It is also not in dispute that 3 FIRs arising out of the same set of facts and transactions were being registered against the petitioner. In connection with the said FIRs, the petitioner had preferred Criminal Misc. Applications, wherein this Court vide common order dated 15.09.2022 was pleased to enlarge the petitioner on Anticipatory Bail. It is also not in dispute that investigation in connection with the said FIRs has been concluded and charge sheet has been filed in all the three cases resulting in registration of Sessions Cases are pending adjudication.
6. The GSR Notification 570(E) dated 25th August, 1993 reads as under:
“G.S.R
Accused's passport must be renewed for ten years, subject to trial court's conditions for travel abroad based on established guidelines.
The court ruled that passport renewal must be granted for ten years per applicable guidelines, emphasizing the Trial Court's authority to determine travel permissions amidst pending criminal charges.
The Trial Court has exclusive authority to decide on travel permissions for individuals with pending criminal cases, while passport authorities must comply with the court's specified terms for renewa....
The passport authorities must renew passports for a period of 10 years, while travel permissions during pending criminal proceedings must be obtained from the Trial Court.
Only the Trial Court has the authority to determine whether an individual facing criminal charges can travel abroad, and passport authorities must issue passports as affirmed by prior judicial guidel....
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