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Bombay High CourtIA/485/2024allowed

Ruturaj Arjunrao Kale v. State Of Maharashtra

2024-02-07Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 10.IA.485.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.485 OF 2024 IN INTERIM APPLICATION NO.2394 OF 2023 IN CRIMINAL APPEAL NO.718 OF 2018 Ruturaj Arjunrao Kale Applicant versus The State of Maharashtra Respondent Ms.Rekha Musale, Advocate for Applicant.

Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 7th February 2024 PC :

1.

Vide order dated 26th July 2023 the application preferred by Applicant was allowed and Passport Authority was directed to reissue/renew the passport of Applicant in accordance with Rules and Regulations. Applicant has been convicted for the offence u/s.307 of Indian Penal Code and appeal challenging said conviction is pending in this Court.

2.

In the past Applicant has preferred application for renewal of passport and vide order dated 30th October 2018 this Court had permitted Applicant to renew his passport and Passport Authority was directed to renew the passport in accordance with rules and regulations. Thereafter passport of applicant was renewed. MANISH SURESHRAO THATTE Date: 2024.02.09 10:37:14 +0530 MANISH SURESHRAO THATTE 3.

Learned advocate for Applicant submitted that notice of hearing of this application has been served on Respondent no.4.

2 of 2 10.IA.485.2024.doc Learned advocate for Applicant submits that the order dated 26th July 2023 may be modified and passport may be permitted to be renewed for a period of five years. Applicant has never misused the passport. The appeal challenging conviction is pending in this Court. 4.

Learned APP submitted that prayer for issuance of passport for five years is opposed by prosecution which is reflected in order dated 26th July 2023. This Court did not indicate the period, which would mean that the passport was renewed for one year. 5.

Considering the fact that in the past passport was permitted to be renewed for two years, the Passport Authority can be directed to re-issue/renew passport of Applicant for a period of two years.

ORDER

(i) Interim Application is allowed and disposed off; (ii) Passport Authority is directed to re-issue/renew the passport of Applicant for a period of two years in accordance with rules and regulations.

(PRAKASH D. NAIK, J.) MST