Abhimanyu A. Lodha v. State Of Maharashtra And ANR.

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.03.14 14:35:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.800 OF 2022 IN CRIMINAL APPLICATION NO.385 OF 2009 Abhimanyu A. Lodha ...Applicant

Versus

State of Maharashtra and Anr.

...Respondents

Mr. Bhupen Dalal a/w Mr. Sandeep Maurya i/b Mr. Rajesh Kanojia, for the Applicant.

Mr. A. R. Patil, A.P.P for the Respondent No.1- State. Mr. Rishikesh Gherade i/b Mr. Harshad V. Bhadbhade, for the Respondent No.2.

CORAM : REVATI MOHITE DERE, J.

DATE : 9th MARCH 2022 P.C. :

Heard learned counsel for the parties.

2.

By this application, the applicant seeks renewal of his passport bearing No. T5091406, for a period of 10 years. 1/3

3.

Learned Counsel for the applicant states that the applicant is facing prosecution under Section 306 of the Indian Penal Code. He submits that the applicant was arrested on 10th June 2006 and immediately released on bail on 20th June 2006 and that the case registered against him is still pending before the trial Court. Learned Counsel for the applicant submits that the applicant is working as a General Manager of the Oberoi Sukhvilas Resort and Spa at Chandigarh and is required to travel abroad frequently. He further submits that the applicant has been approached by the First Overseas Capital Limited, for consultancy for setting up Hotels abroad and for other essential work with respect to the same. According to the learned counsel for the applicant, the applicant's passport expired on 19th May 2020 and since the applicant is required to go abroad frequently the passport authorities be directed to renew his passport for a period of 10 years.

4.

It appears that the applicant had filed a discharge application before the learned Sessions Judge seeking his discharge from the said case under Section 306 of the Indian Penal Code and that the same was rejected by the Sessions Judge. Against the said order, the applicant had preferred an 2/3

application being Criminal Application No.385 of 2009 in this Court and this Court vide order dated 4th March 2009 has granted rule and stayed the trial Court proceedings. The applicant had annexed documents to this application, in support of his submission that he is required to travel outside for consultancy work.

5.

In view of the aforesaid, the application is allowed. Accordingly, the concerned Authority to renew the applicant's passport bearing No. T5091406, for a period of 10 years, as per the Passport Act and Rules and regulations thereunder.

6.

Application is allowed and disposed of in above terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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