Renewal Of Passport Cannot Be Refused Merely On The Ground Of Pendency Of Criminal Appeal: Supreme Court

The Supreme Court observed that renewal of passport cannot be refused merely on the ground of pendency of criminal appeal.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 read with Section 13 of the Prevention of Corruption Act, 1988. The Supreme Court observed that renewal of passport cannot be refused merely on the ground of pendency of criminal appeal. 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; that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; Referring to these provisions, the bench of Justices L. Nageswara Rao and BR Gavai observed: "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. The court therefore directed the passport authority to renew the passport of the applicant without raising the objection relating to the pendency of the criminal appeal.