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Bombay High CourtIA/880/2024allowed

Parameshwara T. Ganiga v. The State Of Maharashtra

2024-03-26Hon'Ble Shri Justice M. S. Karnik3 pages

2024:BHC-AS:14499

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.880/2024 IN CRIMINAL APPEAL NO.1164/2008 PARAMESHWARA T. GANIGA ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Virendra Pethe for the applicant.

Mr. B. B. Kulkarni, APP for the State.

SPP Amit Munde a/w. Adv. Jai Vohra for CBI, ACB (Mumbai). ------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 26, 2024.

P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for renewal of passport and to travel abroad.

3.

Mr. Amit Munde, learned SPP for the respondent-CBI vehemently opposed the application. It is submitted that the applicant has not stated any purpose of his travel. It is further submitted that the passport should not be renewed for more than one year as there is every possibility that the appeal may be heard finally.

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4.

The applicant has requested for no objection to grant/renew passport for a period of three years in connection with CBI Special Case No.22/1992.

5.

The appeal is unlikely to be heard soon. The passport was allowed to be renewed on previous occasion. There is no impediment in allowing the application in terms of prayer clause (a). The application is allowed in terms of prayer clause (a).

6.

So far as permission to travel abroad is concerned, there are no specific averments in the application. Learned counsel for the applicant orally submitted that the applicant wants to travel along with his family to these countries as his son is staying in Singapore and they have planned as to travel together with the family.

7.

Considering the age of the applicant who is now 74 years and the fact that on previous occasions the applicant was granted permission to travel abroad, the applicant having abided by the conditions and returned back as per the travel itinerary, I have no hesitation in allowing the application in terms of prayer clause (b), despite opposition of Mr. Munde, learned SPP.

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8.

The application is allowed in terms of prayer clause (b).

9.

The applicant to furnish the travel itinerary to the CBI before leaving the country. The applicant to intimate CBI upon his return.

10.

The applicant shall furnish his contact details during the period of his travel.

11.

The application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 26/03/2024 19:04:16