Delhi High Court - Orders
Sh. Ashwani J. Verma vs State on 16 December, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 690/2018
SH. ASHWANI J. VERMA ..... Appellant
Through: Ms. Heena Ahluwalia, Advocate.
versus
STATE ..... Respondent
Through: Mr. Ripudaman Bhardwaj, SPP for
R-2/CBI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 16.12.2021 CRL.M.A. 12483/2021 in CRL.A. 690/2018
1. This is an application seeking NOC for the renewal of Passport.
2. By an order dated 06.06.2018, in CC No.05/16 (Old No. 13/10 & 04/12) the learned Special Judge has convicted the appellant for offences under Sections 471, 420, 419, 420, 468, 471 read with Section 120-B IPC and Section 13(2) read with Section 13(1)(d) punishable under Section of Prevention of Corruption Act, 1988. By an order on sentence dated 07.06.2018, the petitioner has been sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs.5,00,000/- for offences under Sections 419, 420, 468, 471 read with Section 120-B IPC and Section 13(2) read with Section 13(1)(d) punishable under Section of Prevention of Corruption Act, 1988. For offences under Section 471 IPC the appellant was sentenced to undergo rigorous imprisonment for four years Signature Not Verified Signed By:RAHUL SINGH CRL.A. 690/2018 Page 1 of 3 Signing Date:20.12.2021 10:54:30 with a fine of Rs.2,50,000/-. For offences under Section 420 IPC the petitioner was sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs. 2,50,000/-. All the sentences shall run concurrently. The judgment dated 06.06.2018 convicting the appellant and order on sentence dated 07.06.2018 have been challenged in CRL.A. 690/2018.
3. The sentence of the petitioner has been suspended by this Court vide order dated 08.08.2018 in CRL. M.B. No.1046/2018. The learned counsel for the petitioner states that the petitioner has not violated any condition of bail imposed on him.
4. It is stated that the passport of the petitioner being Passport No.G9548371 expired on 15.07.2018 and, therefore, he seeks NOC for renewal of Passport.
5. Clause 17(c) of the Passport Form mandates that if any criminal proceedings are pending against the applicant then a No Objection Certificate has to be furnished from the competent Court for grant of Passport.
6. The petitioner places reliance on Satwant Singh Sawhney v. D Ramarathnam, Assistant Passport Officer, New Delhi & Ors., AIR 1967 SC 1836 and Maneka Gandhi v. Union of India, (1978) (1) SCC 248, to contend that right to travel abroad is a part of personal liberty under Article 21 of the Constitution of India. The learned counsel for the petitioner also places reliance on the order dated 27.09.2021 passed by the Supreme Court in Criminal Appeal No.1342/2017 titled as Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, to contend that the passport authority cannot refuse the renewal of the passport on the ground of pendency of the CRL.A. 690/2018 Page 2 of 3 criminal appeal.
7. In view of the above said judgments, 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.
8. This application is disposed of with the above observations.
9. The petitioner is directed to seek permission from this Court before going abroad.
SUBRAMONIUM PRASAD, J DECEMBER 16, 2021 Rahul CRL.A. 690/2018 Page 3 of 3