ORDER : – This petition under section 482 of the Criminal Procedure Code has been filed by the petitioner for quashment of the order dated 8-7-2022 passed by the 10th Additional Sessions Judge and Special Judge, Special Court, Indore in Session Trial No. 722/2016 whereby the application filed by the petitioner for release of his passport for its renewal has been rejected. 2. In brief, the facts given to rise in the present petition are that the petitioner is facing his trial in connection with the FIR No. 563/2016 for offence under sections 420, 467, 468, 471, 34 and 120-B of the Indian Penal Code in which he has already been granted bail by this Court in M.Cr.C. No. 5492/2017 vide its order dated 22-6-2017, stipulating a condition that he should also surrender his passport. 3. Counsel for the petitioner has submitted that after his release on bail in the said case the petitioner has not misused the liberty extended to him. It is further submitted that the validity of the passport of the petitioner was till 1-6-2020 and thus, it required renewal and for this purpose, he had filed an application for release of his passport for its renewal before the trial Court along with the Gazette Notification dated 25-8-1993, which prescribes the condition under which a passport can be issued or renewed, but the said application has been rejected on the ground that the condition of bail cannot be changed or modified by the trial Court. 4. Counsel for the petitioner has submitted that the petitioner is not seeking change in the condition of bail order, but only seeking the release of his passport for its renewal which is an innocuous prayer and would not prejudice the prosecution in any manner. Counsel for the petitioner has also submitted that the petitioner would deposit his passport before the trial Court soon after it is renewed by the Passport Authority. 5. Counsel for the respondent/State has opposed the prayer and it is submitted that if the passport is released to the petitioner he may misuse the liberty extended to him and may abscond from India. 6. Heard the learned counsel for the parties and perused the record. 7. 5. Counsel for the respondent/State has opposed the prayer and it is submitted that if the passport is released to the petitioner he may misuse the liberty extended to him and may abscond from India. 6. Heard the learned counsel for the parties and perused the record. 7. From perusal of the record, it is found that the petitioner has granted bail by this Court in M.Cr.C. No. 5492/2017 vide its order dated 22-6-2017, wherein the condition No. (iv) reads as under : – “(iv) He shall surrender his passport, if any (if not already surrendered), and in case, he is not a holder of the same, he shall swear to an affidavit. It he has already surrendered before the learned trial Court, that fact should also be supported by any affidavit.” 8. Admittedly the petitioner is not seeking any modification in the aforesaid condition, but seeking permission to obtain his passport back for its renewal. 9. On due consideration of the rival submissions, this Court finds that merely permission to renew the passport would not tantamount to the modification of the bail condition and as the counsel for the petitioner has also submitted that the petitioner would deposit his passport before the trial Court soon after it is renewed by the Passport Authority, the application can be allowed. 10. 10. So far as the Gazette Notification dated 25th August, 1993 is concerned, the same reads 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 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 specifies 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 a fresh 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. 11. On perusal of the Notification, it clearly reveals that the passport can be renewed under the direction issued by the Court only and in such circumstance, in the interest of justice, the impugned order dated 8-7-2022 is hereby set aside and the application filed by the petitioner before the trial Court for release of his passport stands allowed and the trial Court is directed to release the passport of the petitioner on an undertaking in the form of an affidavit that he would submit his passport before the trial Court soon after it is renewed. 12. With the aforesaid, the Misc. Criminal Case stands disposed of.