Case Note & Summary
The applicant, Mansukhbhai @ Manubhai Vallabhbhai Borad (Patel), filed a Special Criminal Application under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of an order dated 02.06.2025 passed by the 4th Additional Sessions Judge, Gandhinagar at Kalol in Criminal Misc. Application No. 167 of 2025, which rejected his request for release of passport to travel to Canada for obtaining permanent residency. The applicant was facing trial for offences under Sections 394, 395, 397, 120B, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act, arising from FIR C.R. No. 11216022230049 of 2023 registered at Kalol Taluka Police Station. He was initially granted anticipatory bail on 06.02.2023 but failed to comply with Condition No. 2(D), leading to rejection of his earlier passport release application. Subsequently, he obtained anticipatory bail again on 05.02.2025 in Criminal Misc. Application No. 2572 of 2025. The applicant sought permission to travel to Canada for 180 days to obtain permanent residency. The original complainant opposed the application, arguing that the applicant had violated previous conditions and intended to flee from justice. The court, after hearing both sides, allowed the application subject to stringent conditions: the applicant must deposit Rs. 5,00,000 before the trial court, execute a personal bond of Rs. 1,00,000 with one surety, surrender his passport to the trial court within 15 days of return, provide his itinerary and contact details, report to the Indian Embassy in Canada every 15 days, and not tamper with evidence or influence witnesses. The court held that while the right to travel is not absolute, it can be permitted with adequate safeguards to ensure the accused's presence at trial. The application was allowed with these conditions.
Headnote
A) Criminal Procedure - Passport Release - Travel Abroad - Sections 437, 438 CrPC - Applicant accused of robbery and dacoity sought release of passport to travel to Canada for permanent residency - Court allowed the application subject to conditions including deposit of Rs. 5 lakhs, surrender of passport on return, and reporting to police - Held that right to travel is not absolute but can be permitted with safeguards to secure trial (Paras 1-6).
Issue of Consideration
Whether an accused person, facing trial for serious offences, can be permitted to travel abroad for obtaining permanent residency and whether the passport can be temporarily released for that purpose.
Final Decision
The application is allowed. The order dated 02.06.2025 is quashed and set aside. The applicant is permitted to travel to Canada for 180 days subject to conditions: (i) deposit Rs. 5,00,000 before the trial court; (ii) execute a personal bond of Rs. 1,00,000 with one surety; (iii) surrender passport to trial court within 15 days of return; (iv) provide itinerary and contact details; (v) report to Indian Embassy in Canada every 15 days; (vi) not tamper with evidence or influence witnesses. Rule made absolute.
Law Points
- Bail conditions
- passport release
- travel abroad during pendency of criminal trial
- right to travel
- balance between personal liberty and trial interests
Case Details
2026 LawText (GUJ) (02) 259
R/Special Criminal Application (Quashing) No. 8559 of 2025
Mr. Bharat T. Rao for Applicant, Ms. Shruti Pathak, APP for Respondent No.1, Mr. Harsh Shah for Respondent No.2
Mansukhbhai @ Manubhai Vallabhbhai Borad (Patel)
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Nature of Litigation
Criminal application for quashing of order rejecting passport release and seeking permission to travel abroad.
Remedy Sought
Quashing of order dated 02.06.2025 rejecting passport release and direction to permit applicant to travel to Canada for permanent residency and release of passport for 180 days.
Filing Reason
Applicant's passport release application was rejected by the Sessions Court due to non-compliance with earlier bail conditions.
Previous Decisions
Anticipatory bail granted on 06.02.2023 in Criminal Misc. Application No. 70 of 2023; subsequent anticipatory bail granted on 05.02.2025 in Criminal Misc. Application No. 2572 of 2025; passport release application rejected on 02.06.2025 in Criminal Misc. Application No. 167 of 2025.
Issues
Whether the applicant should be permitted to travel to Canada for obtaining permanent residency during pendency of criminal trial.
Whether the passport of the applicant should be temporarily released subject to conditions.
Submissions/Arguments
Applicant's counsel submitted that the applicant needs to travel to Canada to obtain permanent residency and has no intention to flee; he is ready to abide by any conditions.
Respondent No.2 (original complainant) opposed, arguing that the applicant violated previous conditions and intends to flee from justice and settle in Canada.
Ratio Decidendi
The right to travel abroad is not absolute but can be permitted with adequate safeguards to secure the presence of the accused at trial. The court may impose conditions such as deposit of money, bond, and reporting requirements to balance personal liberty and the interests of justice.
Judgment Excerpts
By way of the present application the applicant has prayed to quash and set aside the order dated 02.06.2025 passed by the learned 4th Additional Sessions Judge, Gandhinagar at Kalol in Criminal Misc. Application No. 167 of 2025 (Annexure-L), whereby the said application came to be rejected, and to further permit the applicant to visit Canada for the purpose of obtaining permanent residency (P.R.) and to direct temporary release of the applicant’s passport.
Learned advocate for the applicant submits that against the present applicant, a complaint being C.R. No. 11216022230049 of 2023 has been registered with Kalol Taluka Police Station for the offences punishable under Sections 394, 395, 397, 120B, 506(2) and 114 of the Indian Penal Code, as well as Section 135 of the Gujarat Police Act.
Procedural History
FIR registered in 2023; anticipatory bail granted on 06.02.2023; passport release application rejected due to non-compliance; fresh anticipatory bail granted on 05.02.2025; passport release application rejected by Sessions Court on 02.06.2025; present application filed on 27.02.2026.
Acts & Sections
- Indian Penal Code, 1860: 394, 395, 397, 120B, 506(2), 114
- Gujarat Police Act, 1951: 135
- Code of Criminal Procedure, 1973: 482
