Court directs trial court to permit renewal of petitioner’s passport despite bail conditions, affirming travel rights under Article 21 subject to reasonable restrictions
In a significant ruling on September 17, 2026, the Punjab and Haryana High Court, presided over by Justice Virinder Aggarwal, delivered a judgment permitting Jagtar Singh, the petitioner, to renew his passport and travel abroad during the pendency of criminal proceedings against him. The case arose from an FIR registered in Barnala, Punjab, involving serious allegations under various sections of the Indian Penal Code, including criminal breach of trust, forgery, cheating, and criminal conspiracy.
The petitioner had voluntarily surrendered his passport as part of the bail conditions imposed by the Court in February 2023. However, after the passport’s validity expired, he sought to renew it to visit his family residing in Australia. The trial court had declined his application for renewal and permission to travel abroad, citing the surrender of the passport pursuant to bail conditions and the absence of demonstrated urgency.
The High Court, upon hearing the arguments, noted that the surrender of a passport under bail conditions does not amount to a permanent bar on renewal. The Court underscored that the right to possess a passport and travel internationally is an integral facet of personal liberty protected under Article 21 of the Constitution of India, subject to reasonable restrictions imposed by law and judicial orders.
Justice Aggarwal emphasized that the petitioner’s request did not seek any alteration of the bail terms but merely a limited permission to renew and use his passport under judicial safeguards. The Court accordingly directed the trial court to return the expired passport for the sole purpose of renewal at the Regional Passport Office. Upon renewal, the petitioner is required to deposit the new passport before the trial court, ensuring continued compliance with bail conditions.
This judgment balances the fundamental rights of an accused person with the necessity of safeguarding judicial processes. It reaffirms that compliance with bail conditions involving passport surrender cannot be construed as a permanent deprivation of the right to travel, especially when no risk of evasion or tampering with evidence is demonstrated.
The ruling is expected to serve as a precedent in cases where accused persons seek to renew passports and travel abroad during ongoing trials, clarifying that personal liberty rights remain protected unless justifiably curtailed.
Bottom Line:
Renewal of passport and permission to travel abroad during pendency of criminal proceedings-Mere surrender of passport in compliance with bail conditions cannot operate as a permanent embargo against its renewal-Right to possess a passport and travel abroad forms part of personal liberty guaranteed under Article 21 of the Constitution of India, subject to reasonable restrictions imposed by law and orders of competent Court.
Statutory provision(s):
Code of Criminal Procedure, 1973 Section 482; Indian Penal Code Sections 406, 409, 419, 420, 467, 468, 471, 201, 120B; Constitution of India Article 21
Jagtar Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2981388
