##PAGE1##

[2026:RJ-JD:47158-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal (Db) No. 104/2023 CNR: RJHC010397742023 | URN: CRLAD / 283U / 2023

1. Surendra Kumar S/o Bhanwarlal, Aged About 33 Years, Bidawatan, P.s. Bhaleri, Dist. Churu. (At Present Confined In Central Jail, Bikaner).

2. Maniram S/o Harlal, Aged About 27 Years, Bidawatan, P.s.

Bhaleri, Dist. Churu. (At Present Confined In Central Jail, Bikaner).

3. Kapil Budania S/o Ashok Kumar, Aged About 27 Years, Dhudwakhara, At Present W.no. 11, Sainik Colony Churu, Dist. Churu. (At Present Confined In Central Jail, Bikaner).

4. Nitesh Jyani S/o Suresh Kumar, Aged About 26 Years, Parisar, P.s. Bisau, Dist. Jhunjhunu, At Present W.no. 14, Shekhawat Colony, Churu. (At Present Confined In Central Jail, Bikaner).

5. Jinendra Singh @ Janendra Singh @ Janna S/o Prem Singh, Aged About 26 Years, Chalkoi Vanirotan, At Present Shekhawat Colony, Churu. (At Present Confined In Central Jail, Bikaner).

----appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) :

Ms. Priyanka Borana For Respondent(s) :

Mr. C.S. Ojha, PP Ms. Pintu Pareek Mr. Devendra Bishnoi HON'BLE MR. JUSTICE MUNNURI LAXMAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

29/09/2026 REPORTABLE

1. In the present appeal, an application has been filed by appellant/applicant No. 5, who was convicted vide judgment and order dated 23.05.2023 for offence under Sections 147, 148, 323/149, 460/149 and 302/149 of the IPC and sentenced to imprisonment for life, seeking permission for renewal of his passport and, consequently, a direction to the Passport Authority to renew and issue the passport.

2. The case of the appellant/applicant No.5 is that his passport was valid up to 29.03.2026. Prior to its expiry, an application for renewal of the passport was submitted, wherein the pendency of the present appeal was specifically disclosed. The passport could not be renewed as the Passport Authority insisted upon obtaining appropriate permission from the competent Criminal Court. Hence, the present application has been preferred.

3. Learned counsel for the appellant/applicant No.5 submits that the prayer is only for renewal of the passport, however for travelling abroad, permission of the competent Court would still be required. It is submitted that renewal of the passport would not impede or prejudice the proceedings pending before the Court. It is further submitted that denial of renewal of the passport amounts to violation of Article 14/21 of the Constitution of India and that the appellant/applicant No.5 is entitled to renewal of the passport.

4. Learned counsel appearing for the Passport Authority submits that the case of appellant/applicant No. 5 is covered by Section 6(2)(e) of the Passports Act, 1967, as the appellant was convicted under Section 302/149 of the IPC and sentenced to imprisonment for life vide judgment and order dated 23.05.2023, which falls within the period of five years immediately preceding the date of his application. It is submitted that in cases falling under Section 6(2)(f) of the Passports Act, the Central Government has relaxed the rigours of the said provision subject to certain conditions one of which is obtaining permission from the competent Court before which the criminal proceedings are pending. It is submitted that the notification issued by the Central Government relaxing the rigours of the provisions of Section 6(2) (f) is not applicable in the present case. Therefore, according to learned counsel appearing for the Passport Authority, the present application is not maintainable.

5. Learned Public Prosecutor has submitted that since the appellant/applicant No.5 has already been convicted and the appeal is pending for the consideration, the appellant/applicant No.5 cannot be permitted to obtain a passport as the same may facilitate travel abroad, even without obtaining prior permission of the competent Court. He, therefore, prays for dismissal