The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.

ORDER :

1. The present criminal writ petition, preferred under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner seeking modification of the order dated 07.07.2025 passed by the learned Additional Sessions Judge, Ladnun, District Deedwana, Rajasthan, in Criminal Regular Case No. 18/2022, arising out of FIR No.264/2016 registered at Police Station Ladnun, District Nagaur, for the offences punishable under Sections 147, 148, 149, 459, 341, 323, 506 and 307 of the Indian Penal Code.

1.1 By way of the present petition, the petitioner seeks a limited modification of the impugned order, praying that permission be granted for renewal/re-issuance of his passport bearing No. AE493286 for a period of ten years instead of one year, together with consequential permission to travel abroad. The petitioner further seeks removal of the condition restricting his travel to Dubai (UAE) alone and the stipulation requiring furnishing of a Fixed Deposit Receipt (FDR) in the sum of Rs.2,00,000/-.

2. Briefly stating the facts of the case that the petitioner, an accused on bail in Criminal Regular Case No.18/2022 arising out of FIR No.264/2016 for offences under Sections 147, 148, 149, 459, 341, 323, 506 and 307 IPC, has been facing trial for the last three years. Despite repeated permissions granted by the Trial Court, his passport was renewed only for one year, thereby restricting his right to travel abroad for employment, which has led him to invoke the writ jurisdiction of this Court seeking renewal of his passport for the standard period of ten years.

3. This Court has dealt with the similar issue in the case of Balkaran Singh v. State of Rajasthan in S.B. Criminal Misc. (Pet.) No. 7824/2022 dated 21.11.2022. The relevant paragraphs of the order are being reproduced herein below:-

“It is significant to note here that the Passports Act, 1967 does not confer absolute power upon a citizen to obtain passport. Section 6(1) & (2) of the Act prescribe certain conditions/eventualities when the passport authority is required to turn down request to make an endorsement or issue passport which includes a condition when an applicant is an accused in a criminal case. Relevant extract of section 6(2) is reproduced hereinbelow:-

“(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) that the applicant is not a citizen of India;

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(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 been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from Ind