Cuttack, Feb. 22: Orissa High Court has ruled that an accused cannot be denied permission by a court for renewal of his passport if he has already been released on anticipatory bail.

The court said it was "not justified", especially when there was nothing to observe that he may abscond.

The court was hearing a petition filed by Arjun Charan Das, a software engineer in a Bangalore company, whose passport expired on February 12.

Passport rules make it mandatory for persons applying for renewal to get permission from the court if any criminal proceedings are pending against them.

Das was an accused in a matrimonial dispute under the dowry prohibition act arising out of an FIR lodged by his wife at Balichandrapur police station in Jajpur district. He had sought permission of the Court of Judicial Magistrate First Class (JMFC), Chandikhole, to renew his passport.

He moved the high court through a criminal revision petition after the JMFC rejected his petition for permission to apply for renewal last December.

After hearing, the Single Judge Bench of Justice S.K. Sahoo set aside the JMFC's order and said: "It appears that the order has been passed in a slipshod manner without proper application of mind."

"The Magistrate shall reconsider the petition of the petitioner (Arjun Charan Das) and decide as to whether written permission is to be granted to the petitioner to travel abroad by re-issuance of the passport," Justice Sahoo said in his February 20 order, a full text of which is with The Telegraph.

The high court expected the magistrate to decide on the petition in accordance with law within four weeks of the date of production of certified copy of the judgment.

Das, during course of the investigation into the case, moved the high court for anticipatory bail. The high court granted him anticipatory bail on April 11, 2016, and directed the investigating officer to release him on bail in the event of arrest.

Justice Sahoo held that the JMFC was "not justified" in rejecting the application for renewal of passport as the petitioner had already been released on anticipatory bail, no summons had been served on him in the case and he was not required to personally appear before the magistrate.

Besides, the petitioner who was a permanent resident of Kalashree Gopalpur village under Balichandrapur police station had already appeared in the case through his counsel and there was nothing before the Magistrate to observe that he may abscond, Justice Sahoo observed while allowing Das's criminal revision petition.