JUDGMENT : Vijay Bishnoi, J. 1. The matter comes up on an application (Inward No. 01/2019 dated 20.06.2019 preferred on behalf of applicant-Sudhir Ratnaparkhay with a prayer for issuance of a direction to the Passport Authorities to issue temporary passport to him. 2. The applicant has been convicted and sentenced for the offences punishable under Sections 120(B), 420, 467, 468, 471 IPC vide judgment dated 24.06.2016 passed by learned Special Judge, CBI Cases, Jodhpur (for short 'the trial court' hereinafter) in Special Criminal Case No. 10/2002. The maximum sentence awarded to the applicant is 5 years of rigorous imprisonment with a fine of Rs. 5,000/-. 3. Against the above referred judgment passed by learned trial court, the applicant preferred S.B. Criminal Appeal No. 523/2016, which was admitted and the sentence awarded to the applicant was suspended by a Coordinate Bench of this Court on 30.06.2016 and the appeal is pending in due course. 4. In this application, the applicant has submitted that he is the sole earning member in his family and for the purpose of earning his livelihood, he has to travel abroad on account of his business/occupational needs in July, 2019. It is submitted by learned counsel for the applicant that his passport is going to expire on 09.06.2019 and since the appeal against his conviction and sentence is pending before this Court, the Passport Authorities will not issue him temporary passport for visiting abroad in absence of any direction of this Court. Learned counsel for the applicant has submitted that the applicant is ready to abide by any condition as imposed by this Court and prayed that his application for issuance of temporary passport be allowed. 5. Learned counsel for the CBI has opposed the application, however, counsel appearing for Passport Authority has no objection, if the prayer of the applicant 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 appellant is allowed provided the applicant deposits a Demand Draft for sum of Rs. 2,00,000/- in the name of Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur. The said Demand Draft will be refunded to him after he is returned back to India, on filing an application for the same. 10. The Deputy Registrar (Judicial) is directed to keep the Demand Draft, if so deposited by the applicant in safe custody. 11. The Passport Authority is directed to issue temporary passport to the applicant - Sudhir Ratnaparkhay for his one time visit to abroad from 10th July, 2019 to 31st August, 2019, if otherwise he is eligible for holding a temporary passport. The applicant is directed to report before this Court in first week of September, 2019.