Allowed

Suresh M. Kamath v. the Central Bureau of Investigation and Anr.

Bombay HC13 Sept 2021IA/1161/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay considered an interim application by a criminal appellant convicted under the IPC and Prevention of Corruption Act seeking passport renewal for ten years. Relying on his bail status and business needs, the Court granted renewal for five years instead.

What did the court decide?

Renewal of passport permitted for a period of Five years; applicant directed to provide photocopy to CB.

Suresh M. Kamath Vs the Central Bureau of… — Pension and Retirement Benefits | Bombay HC (2021)

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15-Ia-1161-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1161 OF 2021
IN
CRIMINAL APPEAL NO. 376 OF 2016

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Suresh M. Kamath … Applicant

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Versus

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The Central Bureau of Investigation & Anr.… Respondents

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…..
Ms. Sayli Wani i/by Mr. Yogesh Bamane, Advocate for the Applicant.
Mr. H. S. Venegaonkar, for Respondent No.1 – C. B. I.
Mr. Y. Y. Dabake, APP for the Respondent No.2 – State.

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CORAM : PRAKASH D. NAIK, J.
DATE: 13th SEPTEMBER, 2021.

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PER COURT:

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1.The applicant has preferred Criminal Appeal No.376 of
2016 before this Court challenging the Judgment and order dated
20th May, 2016 passed in Special Case No.18 of 2000 convicting
him for the offences under Sections 468, 471 & 420 of Indian Penal

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Code and Section 13(2) r/w Section 13(1)(d) of Prevention of
Corruption Act. He has been sentenced to rigorous imprisonment
for a period of one year and to pay fine of Rs.1,000/- on each
count. The sentences are directed to run concurrently.

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Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.09.15 14:42:02 +0530

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Sajakali Jamadar

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15-Ia-1161-2021.doc

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2.This application has been preferred seeking permission
to grant renewal of passport of applicant for a period of ten years,
in view of Notification No. G.S.R. 570/E dated 25th August, 1993
issued by Ministry of External Affairs, Government of India.

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3.Learned Advocate for the applicant submitted that the
appeal preferred by the applicant challenging the conviction is
pending before this Court. The sentence awarded by the trial Court
is of one year imprisonment. The applicant has undergone 3/4th
sentence of imprisonment. The appeal is admitted. Sentence of
imprisonment has been suspended by this Court. The applicant is
on bail. The applicant is businessmen. He was permitted to travel
abroad for work on several occasions. He is constantly required to
travel abroad and hence, the passport authority be directed to
renew the passport for a period of 10 years. Reliance is placed on
the order passed by this Court in Criminal Application No.1 of 2019
in Criminal Appeal No. 306 of 2019 vide order dated 4th March,
2020.

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4.Mr. H. S. Venegaonkar, learned counsel for the
respondent No.1 - C.B.I. submitted that the appeal is pending in
this Court challenging conviction for the offence under the IPC as
well as P. C. Act. The relief for a period of 10 years for renewing the

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2 of 3

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Sajakali Jamadar

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15-Ia-1161-2021.doc

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passport of the applicant may not be granted. The appeal preferred
by the applicant may come up for hearing at any point of time.
At the most renewal for a period of 5 years be directed to
concerned authority.

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5.Considering the submissions of both the sides, I pass
the following order.

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ORDER

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(i) The passport authority shall permit the renewal of the
passport of the applicant bearing No. S9340670 for a period
of Five years in accordance with Rules.

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(ii) The applicant shall provide the coloured photocopy of
renewed passport to the Respondent - C.B.I.
(iii)Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

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3 of 3

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Sajakali Jamadar

Suresh M. Kamath v. the Central Bureau of Investigation and Anr.

Case brief

What is this about?

What did the court decide?

Suresh M. Kamath v. the Central Bureau of Investigation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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