1 APPA.220.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.220 OF 2026 IN CRIMINAL APPEAL NO.33 OF 2015 Afsar Khan Miya Khan .Vs. The State of Maharashtra and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. J.B. Kasat, Advocate for applicant. Mr. K.R. Lule, A.P.P. for respondent/State. Mr. Saurabh Choudhari, Advocate for respondent No.2. CORAM : MEHROZ K. PATHAN, J. DATE : 01/10/2026 1. Criminal Application No.220 of 2026 is filed by the applicant for direction to Respondent No.2 to issue passport to the applicant and permission to travel abroad for Haj in the interest of justice. 2. The counsel for the applicant, Mr. Kasat, submits that the applicant is convicted by the judgment of the Additional Sessions Judge, Amravati, passed in Sessions Trial No.114 of 2010 dated 16.01.2015. As such, the appeal is filed challenging the aforesaid judgment and this Court by order dated 12.02.2015 was pleased to release the applicant on bail. 3. Mr. Kasat further submits that the applicant has to travel abroad for Haj and therefore made an online application to the Haj Committee of India along with the passport which was issued on 17.04.2025 by Respondent No.2, of which the date of expiry is 16.04.2035. The learned counsel submits that the appeal will take some 2026:BHC-NAG:13516 2 APPA.220.2026.odt time for hearing, and as such, in view of the direction issued by the Appellate Court in the case of Mr. Samip Nitin Ranjani ..vs.. Union of India, reported in 2016 SCC OnLine Bom 14539, during pendency of the appeal, the applicant can be permitted to travel abroad for performing religious rituals in the interest of justice. 4. The matter was listed on 09.09.2026. On that date, the learned counsel appearing for the Passport Authority of India, Mr. Saurabh Chaudhari, submitted that a show cause notice was issued to the applicant for suppressing the fact that an appeal was pending challenging his conviction, whereas the applicant in his information had stated that no criminal case is pending against the applicant. The matter was therefore adjourned to 01.10.2026 for responding to the said show cause notice. The applicant has then filed a reply to the said show cause notice. The passport issuing authority, Regional Passport Office, Nagpur, has now issued a communication to the applicant that the police verification report received by the passport office informed that the passport application filed by the applicant did not mention the pendency of the criminal appeal and as such, a show cause notice was issued and after receiving the reply confirmed that the application does not satisfy the requirements described in Section 6(2) (f) of the Passport Act, 1967. 5. Mr. Chaudhari, learned counsel for the respondent No.2 tender at bar a communication dated 15.09.2026 placed on record and marked as ‘X’ for 3 APPA.220.2026.odt identification. The perusal of the same shows that except for the observation in the police verification report, there appears to be no other impediment in granting or renewing the passport No.AA587069 belonging to the applicant. The passport issuing authority has requested to submit the appropriate Court permission order for ten years or to release the passport as applicable and then only the appropriate request for issuance of passport and to travel abroad should be considered. 6. The Division Bench of this Court in the case of Mr. Samip Nitin Ranjani ..vs.. Union of India (supra) was pleased to observe as under:- “6. In view of the directions given by this Court in the said judgment, therefore, the Respondents were duty bound to follow the said directions and ought to have renewed the passport for a period of ten years. It has to be borne in mind that whenever a criminal complaint is pending against an applicant, who wishes to travel abroad, the Magistrate alone has a jurisdiction to impose conditions regarding his right to travel abroad. If the Magistrate is satisfied that the Applicant should not be permitted to travel abroad, he can reject his application. However, when an application is made for renewal of passport, the Passport Authorities have to adhere to the provisions of the Act and the Rules framed thereunder. It appears that the Central Government has issued a Notification by exercising a power vested in them under section 6(2)(f) of the Passports Act, 1967 and in the said Notification, it has been mentioned that the passport can be renewed for a period of one year. There being an ambiguity under the provisions of the Act and the Rules and the Notification issued by the Passport Authorities, this Court was pleased to clarify the said ambiguity in the case of Narendra Ambwani (supra) The Passport Authorities do not have the right to decide whether the accused has a right to travel abroad or not and that right is vested in the Magistrate, who can impose conditions if an application is made, seeking permission to travel 4 APPA.220.2026.odt abroad. The Apex Court in the case of Maneka Gandhi v. Union of India [(1978) 1 SCC 248 : 1978 SCR (2) 621] has held that the right to travel for the purpose of business and service is a part of a fundamental right, subject to reasonable restrictions, which are imposed by the Act and by the Court. In the present case, the Applicant on account of his service as a Flight Person has to travel abroad continuously and there is no possibility of absconding since he has to return back along with the flight. Taking into consideration the aforesaid facts, we direct the Passport Authorities to renew the passport for a period of 10 years. It is clarified that, however, the Applicant will have to apply to the Magistrate seeking permission to travel abroad. If such an application is made, the Magistrate may impose such conditions as deem fit and proper.” 7. The perusal of the communication dated 15.09.2026 shows that even though the show cause notice was issued and a reply was submitted, the passport issuing authority has merely observed that an appropriate request shall be made by the Court. It further states that the applicant needs to submit the appropriate Court permission order of the NOC for ten years or to release the passport for consideration of the passport application. The prayer made in the application is to direct respondent No.2 to issue the passport to the applicant and to grant permission to travel abroad for the Haj pilgrimage. The facts of the present case show that the applicant has already been issued a passport for a period of ten years i.e. from 17.04.2025 to 16.04.2035. An online application to the Haj Authority of India was filed by the applicant and the applicant was issued a show cause notice for supplying incorrect information. This Court, by its order dated 12.02.2015, suspended the 5 APPA.220.2026.odt substantive sentence of the applicant. There are no allegations that the applicant has violated any of the conditions. The record shows that the column intended for providing details of criminal proceedings was left blank. It appears that the applicant failed to provide necessary information regarding the criminal proceedings pending against him in the application form filed for issuance of the passport. 8. Be that as it may, taking into consideration the communication dated 15.09.2026 issued by the Regional Passport Officer, Nagpur and the judgment cited supra there appears to be no other impediment in issuing the permission to the applicant for travel abroad or for releasing of the passport of the applicant. Hence, I am inclined to exercise discretion and pass the following order :- ORDER (a) The application is allowed. (b) The passport of the petitioner, which was issued on 17.04.2025 and is to expire on 16.04.2035, shall be released by respondent No.2 i.e. the Regional Passport Officer, Nagpur. (c) The applicant is permitted to travel abroad for performing the Haj. (d) The applicant shall provide the necessary details to the concerned Police Station about the place he intends to reside during his travel 6 APPA.220.2026.odt abroad and the telephone numbers on which he can be contacted. (e) After returning from abroad, the applicant shall again attend the concerned Police Station and inform them about his return. (f) The concerned Police Station shall make the necessary entry to that effect and report the same to this Court as and when called for. (g) With the aforesaid directions, the application stands disposed of. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 09/10/2026 11:15:55