Interim application seeking relaxation of the condition precedent for passport return, from depositing a flat's title-deed to agricultural land's title-deed.
Application allowed to permit deposit of title-deed of agricultural property in lieu of residential flat for return of passport.
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IA-702-2021 (SR.21)
6.9.2021
Rane
IN THE HIG H C O U RT O F JU D IC A TU RE A T BO M BA Y
C RIM INA L A PPELLA TE JU RIS D IC TIO N
INTERIM A PPLIC A TIO N NO . 702 O F 2021
IN
C RIM INA L A PPLIC A TIO N NO . 1455 O F 2018
M r. V inod S /O . G aneshbhai Kevadiya .....A pplicant
V /s.
The S tate of M aharashtra ....Respondent
* * * *
M r. A kash S ingh i/by. M r. A shok M . S araogi, advocate for
the applicant.
M r. A .R. Patil, A PP for S tate.
C O RA M : S A ND EEP K. S HIND E, J.
M onday, 6th S eptem ber, 2021.
P.C . :
1. Heard.
2. A pplicant sought, return of his passport
deposited w ith the respondent. This C ourt vide order dated
8th February, 2019, directed to return it, subject to
depositing title-deeds of his residential flat. A pplicant
sought relaxation of this C ondition, w ith perm ission to
deposit title-deed of agricultural property ow ned by him in
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IA-702-2021 (SR.21)
6.9.2021
Rane
lieu of flat. V ide order dated 18th June, 2021, this C ourt
directed to verify the title of the applicant in respect of
agricultural lands. C onsequently, Investigating O fficer
confirm ed applicant’s title to the land. His Report is taken
on record. Whereafter, applicant has filed an U ndertaking
sw orn on 23rd A ugust, 2021. Para-4 of the U ndertaking
reads as under :
“4. I say that accordingly, I undertake to this Hon’ble C ourt that till the Trial in respect of the case pending against m e is com pleted and/or till such tim e any such further orders are being passed any C ourt of Law , I shall not create any third party rights in respect of the said property nor part w ith possession in respect of the said property in any m anner w hatsoever.”4. In consideration of the facts and in view of the
U ndertaking, the application is allow ed in term s of prayer
clause (a).
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.09.07 15:27:04 +0530
(S andeep K. S hinde, J.)
Mr. Vinod S/O. Ganesbhai Kevadiya
The State of Maharashtra
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court