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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RONGON MUKHOPADHYAY, J
Manoranjan Prasad – Appellant
Versus
State Of Jharkhand Through Cbi (Ahd), Ranchi – Respondent
JUDGMENT :
RONGON MUKHOPADHYAY, J.
IA No. 12815 of 2024 in Cr. Appeal (SJ)No. 176 of 2012; IA No. 12657 of 2024 in Cr. Appeal (SJ)No. 746 of 2018; IA No. 12659 of 2024 in Cr. Appeal (SJ)No. 996 of 2018
Heard Mr. Alok Anand, the learned counsel for the appellant and Mr.Anil Kumar, the learned ASGI.
2. All these interlocutory applications have been preferred by the appellant for grant of permission to the appellant to visit aboard for fulfilling his family responsibilities and seeking benefit of advanced medical consultation with specialists for better treatment options as well as for a direction upon the respondent no.2, the Regional Passport Officer to issue passport to the appellant in accordance with law.
3. It has been submitted by Mr. Alok Anand, the learned counsel for the appellant that the appellant is aged about 80 years and in order to visit Galway in Ireland where the younger son of the appellant has purchased a new home his presence in the housewarming ceremony is necessary. It has been submitted that earlier an application was made before the Regional Passport Officer on 26.08.2024 wherein it has been stated that the housewarming party was scheduled to be held in October, 2
The court can exercise discretion to issue a passport despite pending criminal appeals, balancing legal restrictions with compassionate considerations, particularly for elderly applicants.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
The Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
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