MEHUL DUSHYANTBHAI PATEL v. UNION OF INDIA & Ors.

right of either of the parties. This Court has considered the submissions canvassed by learned advocate for the parties and has also perused the material placed on record. In the facts and circumstances of the present case and having regard to the cause shown in the memo of petition and even considering the fact that merely asking permission for release of passport for renewal purpose would not prejudice the case of prosecution, the petition is allowed in terms of prayer 15(B). Accordingly, the learned trial Court is directed to release the passport being X9107948 of the petitioner for renewal purpose only, on condition that the petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) and shall re-surrender his passport before the concerned trial Court after its renewal. On returning the passport, the trial Court shall release the amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the petitioner, after due verification. Rest of the conditions shall remain as it is. The Passport Authorities are directed to renew the Passport of the petitioner for a period of FIVE YEARS. However, it is made clear that as and when the petitioner wants to go abroad, he shall seek permission from the concerned trial Court. With aforesaid direction, present petition is allowed in aforesaid terms. Direct service is permitted. Ajay Original copy of this order has been signed by the Hon'ble Judge.

(HASMUKH D. SUTHAR, J.)