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2026 Supreme(Guj) 119

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 

Advocates Appeared:
For the Petitioner: Mr. Rahul R Dholakia
For the Respondent: Mr Pradip D Bhate

Accused's passport must be renewed for ten years, subject to trial court's conditions for travel abroad based on established guidelines.

Headnote:(A) Passports Act, 1967 - G.S.R Notification 570(E) dated 25th August, 1993 - Renewal of passport for accused pending criminal proceedings - Court held that the passport should be renewed for a period of ten years as per law and guidelines, subject to trial court’s permission for travel abroad. (Paras 6-10)

(B) Anticipatory Bail - Conditions - Court need only allow travel upon application to the trial court, which retains authority to impose conditions. (Paras 8-10)

Facts of the case:
The petitioner faced criminal charges under multiple FIRs and sought to renew his passport and travel to the USA despite pending trials. The petitioner was granted anticipatory bail and had already renewed his visa.

Findings of Court:
The court confirmed that the passport must be renewed for ten years and noted the trial court's role in travel permissions.

Issues: Whether the petitioner can renew his passport and under what conditions in light of pending criminal cases.

Ratio Decidendi: The court concluded that existing laws and guidelines require passport renewal for a period of ten years unless limited by court conditions, and trial courts have authority over travel permissions.

Result: Application allowed; passport renewal directed.

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

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