Abdul Habib Khan (A.H. Khan) vs The State Of Madhya Pradesh
2022 Latest Caselaw 1874 MP

Citation : 2022 Latest Caselaw 1874 MP
Judgement Date : 10 February, 2022

Madhya Pradesh High Court

Abdul Habib Khan (A.H. Khan) vs The State Of Madhya Pradesh on 10 February, 2022

Author: Gurpal Singh Ahluwalia

                                1
            THE HIGH COURT OF MADHYA PRADESH
                   Criminal Appeal No.8808/2019
           Abdul Habib Khan (A.H. Khan) Vs. State of M.P.

                 Through Video Conferencing
Gwalior, Dated: 10/02/2022

      Shri R.K. Shrivastava, Advocate for appellant.

      Shri    Ajay   Chaturvedi,   Special   Public    Prosecutor   for

respondent/Lokayukt.

Heard on IA No.31617/2021, an application seeking

permission to perform Haj Yatra.

It is submitted by the counsel for the appellant that the

appellant was having a passport whose validity was upto 25/9/2021,

however, the competent authority has refused to renew the same on

the ground that the same cannot be renewed without permission of

the Court.

The counsel for the State submitted that he has no objection if

the permission is granted.

Considered the submissions made by the counsel for the

parties.

The appellant has been convicted under Sections 7 and 13 (1)

(d) read with Section 13 (2) of the Prevention of Corruption Act. He

was convicted by judgment dated 27/9/2019 and his sentence was

suspended by order dated 22/12/2020, i.e. after he underwent the

sentence of more than one year.

Section 6(2)(e) of the Passports Act, 1967 reads as under:-

"6. Refusal of passports, travel documents. etc.- (1) xxxxxx (2) Subject to the other provisions of this Act, the

THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.8808/2019 Abdul Habib Khan (A.H. Khan) Vs. State of M.P.

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) to (d) xxxxxxxxx

(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) to (i) xxxxxxxxx"

Thus, it is clear from Section 6 (2) (e) of the Passports Act that

if any person has been convicted during the period of five years

immediately preceding the date of his application for an offence

involving moral turpitude and sentenced in respect thereof to

imprisonment for not less than two years, then the competent

authority shall refuse to issue the passport.

It is submitted that the appellant is in the advanced age of his

life and he wants to perform Haj Yatra and for that purpose his

passport is required to be renewed.

Although the appellant has not mentioned in his application

that on what date he had applied for renewal of his passport, but from

IA No.32864/2021, which is an application for urgent hearing of IA

No.31617/2021, it appears that the appellant applied for renewal of

his passport on 9/11/2021, i.e. after his passport had already expired.

THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.8808/2019 Abdul Habib Khan (A.H. Khan) Vs. State of M.P.

Be that whatever it may.

Since the counsel for the State has expressed his no objection

to the prayer made by the appellant, accordingly, this application is

disposed of on the following conditions:-

i- The appellant shall furnish cash surety of Rs.3,00,000/-

(Rs. Three Lacs Only) before the Trial Court alongwith

the complete itinerary of Haj Yatra.

ii- The Trial Court shall fix a date for his appearance within a

period of seven days from the date of his arrival to India

and the appellant shall submit an undertaking that he

would appear before the Trial Court on the said date.

iii- In case if the appellant fails to surrender on a date fixed by

the Trial Court, then not only the cash surety furnished by

the appellant shall automatically stand forfeited, but the

bail order dated 22/12/2020 shall also stand recalled

automatically without any reference to the Court and the

Trial Court shall issue a warrant of arrest against the

appellant.

iv- If the appellant files an application for renewal of his

passport alongwith order-sheets of the Trial Court as well

as certified copy of undertaking showing compliance of the

directions given by this Court, then the passport authority

shall decide the application for renewal in accordance with

law and this order shall be treated as a permission so far as

THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.8808/2019 Abdul Habib Khan (A.H. Khan) Vs. State of M.P.

this Criminal Appeal is concerned.