Madhya Pradesh High Court
Firoz vs The State Of Madhya Pradesh on 2 July, 2025
1 CRA-5817-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5817 of 2019
(FIROZ AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 02-07-2025
Shri Rajesh Yadav - Advocate for the appellant.
Shri Hemant Sharma -G.A for the respondent/State.
Heard counsel for the parties on I.A. No.4143/2025, an application under Section 482 of Cr.P.C for permitting appellant No.2 -Akram s/o Ibrahim Khan to go for 'HAJ' pilgrimage.
Learned counsel for the appellant No.2 has submitted that the appellant No.2 has been convicted for offence punishable under Section 8(c) read with section 20 (b)(2)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by Special Judge (NDPS Act) Jaora, West Nimar, Mandleshwar in SPL (NDPS) Case No.200015/2010 vide judgment dated 08.07.2019 and sentenced to undergo 5 years R.I and a fine of Rs.20,000/- with default stipulation. After conviction appellants have preferred this appeal and moved an application under Section 389(1) of Cr.P.C for suspension of sentence till the pendency of the appeal and the same was allowed by this Court vide order dated 12.10.2020 and the appellant No.2 is on bail. It is further submitted that the appellant No.2- Akram wishes to go to 'HAJ' pilgrimage as per his religious Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 03-07-2025 19:08:55 2 CRA-5817-2019 customs, however, due to the pendency of the present case, his application for issuance of passport has been rejected, therefore, counsel prayed that directions be issued to concerned Officer to issue passport to appellant No.2-Akram so as to enable him to perform religious ceremony of 'HAJ' pilgrimage. It is also submitted that the appellant is ready to submit his passport immediately after returning from 'HAJ' pilgrimage.
Learned Public Prosecutor opposes the application on the ground that appellant No.2-Akram has been convicted for offence under NDPS Act and if he is permitted to go for pilgrimage, he may out of the country and there is every possibility of his absconsion, therefore, he prayed for rejection of the application.
On the perusal of the record, it appears that this is the only case registered against the appellant No.2 and looking to the reasons assigned by him, it would be appropriate to grant permission to the appellant to go for 'HAJ' pilgrimage for a limited period after getting all the statutory permission, required under law.
In view of the aforesaid, I.A. No.4143/2025 is allowed and it is directed that the pendency of the present case should not become a reason for refusal of the prayer for issuance of passport to the appellant No.2-Akram for going to 'HAJ' pilgrimage. However, it is made clear that if the passport is issued to appellant No.2-Akram for Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 03-07-2025 19:08:55 3 CRA-5817-2019 his 'HAJ' pilgrimage, then he has to surrender his passport immediately after returning from his 'HAJ' pilgrimage.
(GAJENDRA SINGH) JUDGE hk/ Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 03-07-2025 19:08:55