Mona Arun Chopra v. State Of Maharashtra And ORS.

2024:BHC-AS:9507

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 728 OF 2024 IN APPEAL NO. 942 OF 2017 MONA ARUN CHOPRA ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ORS.

..RESPONDENTS ------------ Adv. Sonal V. Parab a/w Adv. Ruchi Desai for the Applicant. Adv. Ameeta Kuttikrishnan for Respondent No.3. Mr. S.V. Walve, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 28, 2024 P.C. :

1.

Heard learned counsel for the applicant, learned counsel for respondent No.3 and learned APP for the State. 2.

By this interim application, the applicant prays to direct respondent No.3 - Regional Passport Office, Pune, to renew the passport No. X3717479 of the applicant for a period of 5 years.

3.

The criminal appeal is pending and may take some time to be heard finally. The applicant had filed an Interim 1/3

Application No. 4054 of 2023 for directing the Regional Passport Office, Pune, to renew the passport of the applicant for a period of 10 years. This Court had allowed the application in terms of prayer clause (a) and the passport authority was directed to consider the same in accordance with law. In view of this direction, learned counsel for the applicant submits that the passport has been renewed only for 1 year.

4.

Learned counsel for respondent No.3 submitted that this Court had directed the application to be considered in accordance with law. It is submitted that the notification of the Ministry of External Affairs dated 25/08/1993 bearing No. GSR-570(E) states that in case where the criminal proceeding/appeal is pending, the passport can only be renewed for 1 year period if there is no specific period is mentioned in the order of the Court.

5.

Considering that the appeal is not likely to conclude any time soon, the renewal of the passport can be permitted for a longer duration. Accordingly, the present application deserves to be allowed, for the reasons 2/3

mentioned in the application, in terms of prayer clause (a). 6.

The interim application stands disposed of in the above terms.

(M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 28/02/2024 18:44:52