2017 (4) TMI 78 - HC - Indian Laws

Impoundment of passport - rejection of renewal of passport on the ground that the condition which the bail was granted to the petitioner imposed a restriction on his travel to abroad and in that background has rejected the application - Held that - it is only in cases where the petitioner seeks to travel abroad that permission of the court where the criminal case is pending is warranted, there is no indication that even for renewal of passport the petitioner would require such permission from the court - The passport authorities having rejected the application without reference to any legal provision may not be tenable. Consequently, it would be proper if the petitioner should approach the court below and seek modification of the condition imposed in the first place that he shall not travel abroad. If that is modified it would then be open for the petitioner to seek renewal of the passport for which he does not require separate permission from the court - petition allowed - decided in favor of petitioner.

Summary

Issues:
1. Validity of conditions imposed on bail regarding travel restrictions.
2. Requirement of court permission for passport renewal in criminal cases.
3. Impact of passport renewal on bail conditions and potential violation.

Issue 1: Validity of conditions imposed on bail regarding travel restrictions

The petitioner, facing criminal proceedings, was granted bail with a condition not to travel abroad, although the court did not impound the passport. The petitioner's passport expired, and upon seeking renewal, the authorities required permission from the criminal court where the case was pending. The petitioner referred to a notification exempting citizens with court orders permitting travel from certain provisions. The court below refused permission for renewal, citing the existing travel restriction condition on bail. The respondent argued that passport renewal could lead to bail violation if travel restrictions were not modified first, as some countries allow visa-free entry. The court suggested seeking modification of the travel restriction condition before renewing the passport to avoid irregularities.

Issue 2: Requirement of court permission for passport renewal in criminal cases

The petitioner approached the court seeking direction for passport renewal, as the authorities required court permission due to the pending criminal case. The court below refused permission, stating that the bail condition restricted travel abroad. The respondent argued that renewal without modifying the travel restriction could lead to bail violation. The court highlighted the necessity of modifying the travel restriction condition before seeking passport renewal to prevent potential misuse of the renewed passport for international travel without court approval.

Issue 3: Impact of passport renewal on bail conditions and potential violation

The petitioner's passport renewal application was rejected by the authorities for lack of court permission due to the pending criminal case. The respondent contended that renewing the passport without modifying the travel restriction condition could facilitate bail violation, especially in countries allowing visa-free entry. The court advised the petitioner to first seek modification of the travel restriction condition before applying for passport renewal to avoid irregularities and prevent potential misuse of the renewed passport for unauthorized international travel.

This judgment emphasizes the importance of complying with bail conditions, seeking court permission for passport renewal in criminal cases, and preventing potential bail violations through proper legal procedures.