The court has the discretion to extend the renewal period of a passport, taking into consideration the specific circumstances of the case, such as the pendency of a criminal case and the petitioner's travel plans.

This Criminal Revision has been filed as against the order passed by the learned trial Court in Crl.M.P.No.7857 of 2015 in C.C.No.56 of 2000 filed by the petitioner for the relief of fixing the specific period of ten years time for renewal of his Passport.

2. The learned trial Court, taking into consideration of the pendency of the Criminal Case against the petitioner and also the Notification issued by the Government of India, Ministry of External Affairs, dated 25.08.1993, passed an order only for return of the Passport to the petitioner for the renewal aspect and left all the remaining aspects as per the Notification. Aggrieved over the same, the present revision has been preferred by the petitioner.

3. The main crux of the argument of the learned counsel for the petitioner is that he is not willing to visit the abroad without conclusion of the trial. However, if the specific period for renewal of the Passport is not fixed by the Court, the renewal will be done only for the period of one year as per the Notification of the Government of India, Ministry of External Affairs, dated 25.08.1993. Hence, it is the contention of the learned counsel for the petitioner that this Court may fix the minimum period of two to three years as the specific period for renewal of the Passport so that the Passport can be renewed for the said period. Hence, prayed for allowing the revision.

4. The learned Special Public Prosecutor for CBI Cases, submitted that the trial of the case is almost over and the matter has been posted for arguments and even after passing the orders by the trial Court, for the past 58 hearings arguments have not been completed. Hence, submitted that the trial can be completed and there is no difficulty for the petitioner for renewal of the Passport.

5. Having regard to the submission of both sides, I am of the view that the Government of India, Ministry of External Affairs vide Notification GSR 570(E) dated 25.08.1993, has fixed certain guidelines for renewal of the Passport to the citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a Criminal Court in India and who produce an order from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Act, subject to the following conditions, namely:-

“(a) the passport to be issued to every such person shall be issued:-

(i) for the period specified in order of the Court referred to above, if the Court specifies a period for which the passport has to be issued; or

(ii) If no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year;

(iii) If such order gives permission to travel abroad for a period less than one year but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) If such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.”

6. From the above Notification, it is very clear that unless the Cour