Look Out circular issued on my name and i get caught at Ahmadabad airport, i was in jail for 30 days, now i am in Bail since 1yr, my passport with court for my bail, i got a passport for renewal of visa, its possible i can travel abroad or i have a travel banned ?
Asked 3 years ago in Criminal Law from Mumbai, Maharashtra
You should approach the same court which detained your passport and move an application to hand over the passport as it is due for renewal for visa , court will allow this with certain conditions as it feel fit .
you can seek permission of the court to travel abroad showing the necessity and urgency, court will decide on the application considering the seriousness of your case and your past conduct.
By the way what is the charges made against you in the F.I.R, What are the sections.
1) Whether or not you can travel abroad will depend on the condition the court imposed while granting bail.
2) Move a petition before the court that granted bail seeking permission to travel abroad in connection with your employment. Furnish details of your address abroad with an undertaking to be represented in the court during trial.
file an application before court for releasing the passport and after that file another application for seeking permission to travel abroad.
travelling abroad is your fundamental right Nanda case is very famous regarding the passport released.
Advocate, New Delhi
if passport is impounded by the court then you can't apply for visa. if you do so then bail will be rejected and you will be again arrested. you have to follow all the conditions mentioned in bail. if bail is rejected then you bail bond will be forfeited and guarantor will also be arrested.
1. Your Passport was sized by the Court which means that you are restrained from leaving the Country,
2.You were given the passport (probably against your application) for renewal of VISA and return and not for using it without Court order,
3. Your leaving the Country without Court order is banned.
1. You have stated "my passport with court for my bail, i got a passport for renewal of visa''. The second part of your statement is inconsistent with the first party. If your passport is with court then how can it be renewed?
2. Since your passport is with court you need to apply to the court to release your passport to enable you to travel abroad.