JUDGMENT : 1. The matter comes up on an application (Inward No. 01/2019 dated 11.4.2019) preferred on behalf of applicants Dilbagh Singh, Balkar Singh and Jeet @ Ranjeet Singh with a prayer for issuance of a direction to the Passport Authorities to issue temporary passport to them. 2. The applicants have been convicted and sentenced for the offences punishable under Sections 307/149, 147 and 148 I.P.C. vide judgment dated 13.12.1996 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar Camp at Sri Karanpur in Sessions Case No. 57/1993. The maximum sentence awarded to the applicants is 5 years of rigorous imprisonment with a fine of Rs. 1,000/-. 3. Against the above referred judgment passed by learned trial court, the applicants have preferred S.B. Criminal Appeal No. 603/1996, which was admitted and the sentences awarded to the applicants were suspended by this Court on 18th and 19th Dec., 1996 and the appeal is pending in due course. 4. In this application, the applicants have submitted that son of the applicant No. 2 Balkar Singh is residing in Canada and Balkar Singh Singh was blessed with a grand son on 2.8.2018. It is prayed that the applicants Nos. 1 and 2 being grand fathers and applicant No. 3 being great grand father are willing to attend the first birth day ceremony of their grand son which is scheduled to be celebrated on 2.8.2019 at Canada. It is submitted by learned counsel for the applicants that as the appeal against conviction and sentence of the applicants is pending before this Court, the Passport Authorities will not issue them temporary passport for visiting Canada in absence of any direction of this Court. Learned counsel for the applicants has submitted that the applicants are ready to abide by any condition as imposed by this Court and prayed that their application for issuance of temporary passport be allowed. 5. Learned Public Prosecutor as well as learned counsel for the Passport Authority have no objection, if the prayer of the applicants is granted. 6. Heard learned counsel for the parties. 7. As per the Notification dated 25.8.1993, the temporary passport can only be issued to a person, against whom any criminal case is pending, with a permission of the Court where the case is pending. 8.
6. Heard learned counsel for the parties. 7. As per the Notification dated 25.8.1993, the temporary passport can only be issued to a person, against whom any criminal case is pending, with a permission of the Court where the case is pending. 8. The Notification No. VI/401/37/79 dated 25.08.1993 issued by the Ministry of External Affairs, New Delhi is reproduced as under:- "MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 25th August, 1993 G.S.R. 570(E).In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely: (a) the passport to be issued to every such citizen shall be issued (i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of afresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall give an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued. [No. VI/401/37/79] L.K. PONAPPA, Jt. Secy. (CPV)" 9. Taking into consideration the facts and circumstances of the case, the application filed on behalf of the appellants is allowed. The Passport Authority is directed to issue temporary passport to the applicants for their one time visit to Canada from July 2019 to September 2019, if otherwise they are eligible for holding a temporary passport. 10. The applicants are directed to report before this Court in first week of October, 2019.