Allowed

Mehul Jayant Patel v. State of Maharashtra

Bombay HC3 Nov 2023IA/1922/2023

Case brief

AI extract

What is this about?

The High Court allowed the interim application seeking return of the passport deposited in the Trial Court. The bench held that denying the right to renew the passport constitutes an infringement of the applicant's rights. The passport was to be returned for renewal, with a condition to deposit the new passport within the Trial Court immediately upon receipt.

What did the court decide?

The passport deposited in the Trial Court be returned to the applicant for the purpose of passport renewal, with a direction to deposit the renewed passport in the Trial Court immediately upon receipt

Mehul Jayant Patel Vs State of Maharashtra — Bail and Remand | Bombay HC (2023)

¶1

47-ia-1922-23.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

INTERIM APPLICATION NO. 1922 OF 2023

¶5

IN

¶6

CRIMINAL BAIL APPLICATION NO. 190 OF 2019

¶7

Mehul Jayant Patel

¶8

…Applicant

¶9

V/s.

¶10

State of Maharashtra

¶11

…Respondent

¶12

Mr. Prashant Thombre, Advocate for Applicant.
Mr. Amit A. Palkar, APP for Respondent-State.
PSI – S.A.Pawar, Juhu Police Station present.

¶13

CORAM : G. A. SANAP, J.

¶14

DATE : 3rd NOVEMBER, 2023

¶15

P. C:-

¶16

1. Heard.

¶17

2. The applicant/accused is released on bail as per order dated

¶18

29.08.2019. As per the condition No.4 (iv) the applicant was
directed to deposit his passport in the Trial Court. Accordingly, he
has deposited his passport in the Trial Court.

¶19

3.The applicant/accused made an application before the Trial

¶20

Court for return of the passport for the purpose of obtaining new
passport on the basis of his old passport. Learned Magistrate vide
order dated 07.07.2020 has rejected his application on the ground

¶21

S.S.Kilaje page 1 of 2

¶22

47-ia-1922-23.doc

¶23

that the passport was deposited in terms of the conditions imposed
by the High Court and therefore it would not be within the powers
of the Trial Court to return the passport.

¶24

4. Learned Advocate for the applicant/accused submits that the

¶25

passport is required for the purpose of renewal and/ or for the
purpose of obtaining new passport from his old passport.

¶26

5.Learned Advocate submits that on renewal of passport or on

¶27

receipt of new passport he will deposit to the same in the Trial
Court. In my view, this right of the accused cannot be denied.
Accordingly, the Application is allowed. The passport deposited in
the Trial Court be returned to him for the purpose of renewal
and/or for the purpose of obtaining new passport. The
applicant/accused immediately on the next date of the renewal of
the passport or on the receipt of the new passport on the basis of old
passport shall deposit the same in the Trial Court. If he commits
breach of conditions, his bail stands automatically cancelled.

¶28

6. Interim Application is disposed of.

¶29

(G. A. SANAP, J. )

¶30

SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2023.11.04 KILAJE 16:25:04 +0530

¶31

S.S.Kilaje page 2 of 2

Mehul Jayant Patel v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mehul Jayant Patel v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashiq Ali Akbar Khan and Anr. Vs State of Maharashtra

Mandarani Shivaji Dhamdhere Vs the State of Maharashtra and Anr.

Aakash @ Dada Balasaheb Shinde Vs State of Maharashtra and Anr.

Kiran Narendra Mandavkar Vs State of Maharashtra

Iqbal Afzal Khan @ Pappu Vs the State of Maharashtra

Jamir @ Papa Yasin Mulani Vs the State of Maharashtra