Application seeking relaxation of bail condition requiring passport deposit where applicant claimed passport was misplaced. Court rejected application, directing proper procedure to obtain new passport.
Application for relaxation of bail condition directed deposit of passport was rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1 OF 2018 IN BAIL APPLICATION NO. 2486 OF 2017
Riyaz Abdul Rashid Nagpurwala
…..Applicant
Vs.
State of Maharashtra ….Respondent.
Mr. Advait Tamhankar i/by Taraq Sayed for the Applicant. Smt. J.S. Lohokare, APP for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 13th JUNE, 2018.
P.C.:-
This is an Application for relaxation of condition No.(vi)
imposed upon the Applicant by an Order dated 24th November, 2017 while releasing him on bail. By the said condition, the Applicant has been directed to deposit his passport with the Investigating Officer.
2 The learned counsel appearing for the Applicant submitted that, the passport of the Applicant has been misplaced and therefore, he is unable to deposit the same with the Investigating Officer and therefore, the said condition may be relaxed.
3 The said contention is recorded herein only for its rejection
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at its threshold, as it cannot be accepted that though the Passport Authority had issued passport in favour of the Applicant but it is misplaced as the Applicant has to deposit the same. If it is the contention of the Applicant that the passport is misplaced, the Applicant to furnish necessary details firstly with the Passport Authority and shall file an affidavit to that effect with the Passport Authority, if so advised, get a new passport and deposit it with the Investigating Officer as per the said direction.
I find no merits in the Application.
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether the condition of depositing passport should be relaxed where the applicant claims the passport is misplaced.
Riyaz Abdul Rashid Nagpurwala
State of Maharashtra
A. S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
