Madhya Pradesh High Court
Mamnoon Hasan vs The State Of Madhya Pradesh on 9 August, 2023
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 9 th OF AUGUST, 2023
CRIMINAL REVISION No. 2898 of 2022
BETWEEN:-
MAMNOON HASAN S/O MOHAMMAD HASSAN, AGED
ABOUT 48 YEARS, OCCUPATION: BUSINESSMAN, R/O
FLAT NO. 02 GOLDEN OCK APARTMENT GOLDHAR,
SHAHJAHANABAD, BHOPAL, DISTRICT- BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI S.B. SHRIVASTAVA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION KOTWALI BHOPAL DISTRICT-
BHOPAL (MADHYA PRADESH)
2. SANJAY CHOURASIYA S/O RAJENDRA
CHOURASIYA R/O FLAT NO. 111, ADITI MOHINI
APARTMENT, NEAR ICICI BANK, E-7, ARERA
COLONY, BHOPAL, DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI D.P. PATEL - DEPUTY GOVERNMENT ADVOCATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
With the consent, finally heard.
Petitioner has filed this revision under Section 397/401 of the Criminal Procedure Code (hereinafter referred as 'Cr.P.C.') being aggrieved by the order d ated 18.7.2022 passed in Sessions Trial No.426/2022 by learned 11th Additional Sessions Judge, Bhopal, whereby application filed by the petitioner Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/11/2023 2:07:50 PM 2 under section 451 of Cr.P.C. for Supurdnama of original passport has been dismissed.
2. Brief facts relevant for dismissal of present criminal revision are that petitioner Mamnoon Hassan was released on bail vide order dated 16.12.2019 passed in M.Cr.C. No.43228/2019 subject to surrendering his original passport bearing No.Z172249 to the Investigating Officer. In compliance of above order, petitioner surrendered his original passport before the Investigating Officer on 16.12.2019 but challan was not filed till 2022. Thereafter, petitioner moved an application under section 457 of Cr.P.C. before the trial Court to give original passport on supurdnama to the petitioner but the same was rejected on 10.7.2020. Thereafter, petitioner moved a Misc. Petition bearing No.3503/2022 before the High Court which was disposed of vide order dated 28.3.2022 with liberty to file appropriate application for release of passport before the competent court. Again, when petitioner moved an application under section 451 of Cr.P.C., the court dismissed the same vide impugned order dated 18.7.2022. Therefore, petitioner has filed this revision petition.
3. Heard learned counsel for the parties and perused the record.
4. Perusal of impugned order dated 18.7.2022 reveals that learned trial Court has refused to release the original passport on the ground that in case accused goes abroad, possibility cannot be ruled out that petitioner will not come back and in that case, trial will be hampered and presence of petitioner would not be ensured.
5. From order passed by this Court on 16.12.2019 in M.Cr.C. No.43228/2019, it is apparent that learned trial Court was given liberty to release or not to release the original passport of the petitioner, once the charge sheet is Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/11/2023 2:07:50 PM 3 filed. Thereafter, in Misc. Petition No.3503/2022 vide order dated 28.3.2022, this Court again gave liberty to petitioner to file appropriate application before the concerned court but again trial Court has dismissed the application.
6. Learned counsel for the petitioner has submitted that he is a businessman and on account of same, he is required to travel abroad, therefore, he need original passport. Learned counsel after relying upon Suresh Nanda vs. C.B.I. reported in AIR 2008 SC 1414 submits that court cannot impound a passport.
7. Therefore, in view of orders passed by this Court on 16.12.2019 in M.Cr.C. No.43228/2019 and in Misc. Petition No.3503/2022 dated 28.3.2022 and in view of law laid down by Hon'ble Apex Court in Suresh Nanda (supra), it is clear that learned trial Court has committed illegality in not releasing the original passport.
8. Hence, in view of above, the present revision petition is allowed and the impugned order dated 18.7.2022 passed in Sessions Trial No.426/2022 by the learned 11th Additional Sessions Judge, Bhopal, is set-aside and learned trial Court is directed to handover the original passport to petitioner-Mamnoon Hassan after taking appropriate surety and after imposing appropriate conditions to secure/ensure presence of petitioner during the trial.
9. Revision petition is disposed off accordingly.
(ACHAL KUMAR PALIWAL) JUDGE irfan Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/11/2023 2:07:50 PM