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Bombay High CourtAPPP/1/2018others disposed off

Riyaz Abdul Rashid Nagpurwala v. The State Of Maharashtra

2018-06-13Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 40-appp1.18.sxw

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. 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. The said contention is recorded herein only for its rejection 1/2

ssm 2 40-appp1.18.sxw 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.

Application is accordingly rejected.

(A.S. GADKARI, J.) 2/2