Rajasthan High Court - Jodhpur
Charanjeet Singh @ Labhu vs State on 9 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Appeal No. 609/2014
Charanjeet Singh @ Labhu
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. S.K. Verma
For Respondent(s) : Mr. Sudhir Tak, PP
Mr. Rakesh Matoria
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Learned counsel for the appellant has moved this application
(IA No.01/22) seeking permission of this Court for issuance of
passport/passport renewal.
Learned counsel for the appellant has shown the judgment
passed by the Hon'ble Apex Court in Vangala Kasturi
Rangacharyulu Vs. Central Bureau of Investigation
(Criminal Appeal No(s).1342/2017) decided on 27.09.2021,
which reads as follows:
"The applicant was convicted for offences
punishable under Sections 120-B,420, 468, 471, 477 A
of the Indian Penal Code read with Section 13 (2) read
with Section 13 (1) of the Prevention of Corruption Act,
1988. The appeal filed by him was dismissed by the High
(2 of 4) [CRLA-609/2014]
Court. However, the sentence was reduced to a period of
one year.
The application for exemption from surrendering
filed by the applicant was allowed. Leave was granted in
the criminal appeal filed by the applicant on
12.07.2017. The appeal is pending consideration.
In the meanwhile, the applicant has filed this
application for a direction to the respondent to give no
objection for renewal of his passport which expired on
12.11.2017. The applicant has contended that the
application filed by him for renewal of passport was not
considered. In spite of his repeated efforts, including
filing of an application under the Right to Information
Act, he was not informed the reason for non renewal of
his passport. It is averred in the application filed for
direction that the application was orally informed that
the renewal of the passport was not being done due to
the pendency of the criminal appeal in this Court.
Mr. J.K.Sud, learned Additional Solicitor General
appearing for the respondent oppose the application and
submitted that renewal of passport can be only after
application obtains permission from the concerned trial
court. He referred to Section 6.2 of the Passport Act,
1967 and argued that the passport authority has the
power to refuse issuance of the passport in view of the
pendency of the criminal appeal filed by him. He
submitted that sub-Section 6.2 (e) and (f) of the Passport
Act, 1967 would be applicable to this case and the
applicant is not entitled to seek renewal passport
without obtaining permission from the trial court.
Section 6.2 of the Passports Act, 1967 reads as
follows:
xxxxxxxxxx
(2) Subject to the other provisions of this Act, the
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
(3 of 4) [CRLA-609/2014]
more of the following grounds, and on no other ground,
namely: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage
outside India in activities prejudicial to the
sovereignty and integrity of India.,
(c) that the departure of the applicant from India
may, or is likely to, be detrimental to the security
of India;
(d) that the presence of the applicant outside India
may, or is likely to, prejudice the friendly relations
of India with any foreign country;
(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) that proceedings in respect of an offence alleged
to have been committed by the applicant are
pending before a criminal court in India;
(g) that a warrant or summons for the appearance,
or a warrant for the arrest, of the applicant has
been issued by a court under any law for the time
being in force or that an order prohibiting the
departure from India of the applicant has been
made by any such court;
(h) that the applicant has been repatriated and has
not reimbursed the expenditure incurred in
connection with such repatriation;
(i) that in the opinion of the Central Government
the issue of a passport or travel document to the
applicant will not be in the public interest.
The refusal of a passport can be only in case where
an applicant is convicted during the period of 5 years
immediately proceeding the date of application for an
offence involving moral turpitude and sentence for
imprisonment for not less than two years.
(4 of 4) [CRLA-609/2014]
Section 6.2 (f) relates to a situation where the
applicant is facing trial in a criminal court.
Admittedly, at present, the conviction of the
appellant stands still the disposal of the criminal appeal.
The sentence which he has to undergo is for a period of
one year. The passport authority cannot refuse the
renewal of the passport on the ground of pendency of
the criminal appeal.
The passport authority is directed to renew the
passport of the applicant without raising the objection
relating to the pendency of the criminal appeal in this
Court. Subject to the other conditions being fulfilled, the
Interlocutory Application stands disposed of."
Learned counsel for the appellant submits that the date of
conviction of the appellant is 21.07.2014 and the sentence is
suspended at present and the present appeal is pending.
On conjoint reading of the precedent law of Vangala
Kasturi Rangacharyulu (supra) as well as the present facts and
circumstances, the present application is disposed of while
directing the Passport Authority to renew/grant passport to the
applicant without raising objection relating to the pendency of the
present criminal appeal in this Court subject to the other
conditions being fulfilled.
(DR.PUSHPENDRA SINGH BHATI),J
39-Zeeshan
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