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Bombay High CourtIA/215/2023allowed

Sarveshkumar Shahi v. State Of Maharashtra

2023-06-27Hon'Ble Shri Justice S. M. Modak2 pages

SATISH RAMCHANDRA SANGAR 11-IA-215-2023.doc SATISH RAMCHANDRA SANGAR Date: 2023.07.07 19:24:37 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 215 OF 2023 IN BAIL APPLICATION NO. 1579 OF 2021 Sarveshkumar Shahi ...Applicant vs.

The State of Maharashtra

...Respondent

***** Mr.Hrishikesh Mundargi a/w Ms.Swarali Joglekar a/w i/b. Mr.Akshay Bafna - Advocate for Applicant.

Mr.H.J.Dedhia - APP for Respondent-State.

Mr.M.H.Nikam - PSI - Crime Branch - Thane City. ***** CORAM :

S. M. MODAK, J.

DATED :

27TH JUNE 2023 P. C. :

1.

Heard learned Advocate Shri.Mundargi for the ApplicantAccused and learned APP. 2.

This Court while granting an interim bail for medical reasons vide order dated 28th April, 2021 passed in BA No.1579 of 2021 was pleased to impose following condition :- (iii) The Applicant shall deposit his passport with the Investigating Officer before his release on bail. Accordingly, the passport is deposited with the Investigating Officer. 3.

Afterwards, the Applicant was granted regular bail as per the order dated 28th October, 2021.

Satish Sangar 1/2

11-IA-215-2023.doc 4.

Copy of passport is tendered on record and marked as Annexure-X. Passport has already expired on 27th September, 2022 and hence, the Applicant is desirous of renewing the passport and hence, this Application is moved.

5.

Learned APP submitted that let there be condition to redeposit once it is renewed and let he be directed to seek permission from the concerned Court prior to travelling abroad.

6.

I think subject to condition to take prior permission, Application can be allowed. Why for the applicant be directed to redeposit the passport again. It is not required. Hence, order :-

ORDER

(A) The Investigating Officer of Crime No.18 of 2018, Police Station - Kopari is directed to return the passport to the present Applicant subject to following condition :- (i) Let the Applicant to file an affidavit before the Court seized of the matter that he will seek permission from the concerned Court prior to travelling abroad. 7.

Application is disposed of in the aforesaid terms. 8.

All the parties to act on an authenticated copy of this order. [S. M. MODAK, J.] Satish Sangar 2/2