This interim application seeks renewal of the Appellant's passport despite pending criminal appeals. The Court relied on a Division Bench decision, allowing renewal as no legal impediment exists merely due to pendency.
The Passport Authority is directed to renew the Appellant's passport unless any other legal impediment exists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(18)ia-3342-2023.doc
rajshree
Digitally signed by RAJSHREE RAJSHREE KISHOR KISHOR MORE MORE Date: 2023.11.08 12:01:42 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3342 OF 2023
IN
CRIMINAL APPEAL NO.310 of 2020 WITH
CRIMINAL APPEAL NO.311 OF 2020
Asaram Mohanrao Chandanshiv ] .. Applicant vs. State of Maharashtra & Anr. ] .. Respondents
Mr.Kartik Garag for the Applicant. Mr.Sandesh Patil a/w Chintan Shah for Respondent No.2-UOI. Mr.Y.M. Nakhwa, APP for the State.
CORAM : BHARATI DANGRE, J
DATE : 6th November, 2023. P.C.
1] The present Interim Application is taken out by the Applicant, who stand convicted by the impugned Judgment and order dated 26.02.2020 passed by the Special Judge under the Prevention of Corruption Act, 1988, in Special (ACB) Case No.12 of 2015, for the offence under Section 7 and 13(1)(d) r/w 13(2) of the PC Act.
The Appeal filed by the Applicant is admitted on 13.03.2020 and sentence imposed upon him is suspended and he was directed to be enlarged on bail with certain conditions imposed upon him.
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(18)ia-3342-2023.doc
2] The Application is taken out seeking renewal of the Passport under the provisions of Section 6(2)(f) of the Passport Act and order dated 26.01.2023 passed by the Passport Authority is appended to the Application.
Since the Appeal is pending, the Passport Authority has directed the Appellant to produce the NOC/an appropriate order from the court.
3] The learned counsel for the applicant has relied upon the decision of the Division Bench in the case of Abbas Hatimbhai Kagalwala vs. State of Maharashtra and Anr. in Writ Petition No.384 of 2019 , wherein, it is recorded that in case the Petitioner is already issued a passport, and he merely seek a renewal/ re-issuance, then the application deserve to be considered.
In the wake of the above decision, and since there is no legal impediment in renewal of the Passport, the Application is allowed
The Passport Authority-Respondent No.2 shall renew the Passport unless there is any other legal impediment and the pendency of the Appeal shall not be construed as hindrance in its renewal.
[ BHARATI DANGRE, J ]
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1 issue framed by the court
Whether pendency of criminal appeal is a hindrance to renewal of passport under Section 6(2)(f) of the Passport Act.
Colour shows how this judgement treated each authority
Abbas Hatimbhai Kagalwala vs. State of Maharashtra and Anr.Referred¶19
Abbas Hatimbhai Kagalwala vs. State of Maharashtra and Anr. in Writ Petition No.384 of 2019
1 provisions across 1 enactments
Asaram Mohanrao Chandanshiv
State of Maharashtra and Anr.
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
