Bharat Shantilal Shah v. The State Of Maharashtra

skn 1 21-IA-1580.2021-Corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1580 OF 2021 IN CRIMINAL APPEAL NO. 1301 OF 2003 Bharat Shantilal Shah.

...

Applicant.

V/s.

The State of Maharashtra and another.

...

Respondents.

Ms.Chandana Salgaonkar for the Applicant.

Ms.Prajakta P. Shinde, APP for the Respondent- State. Mr.D.P.Singh for Respondent No.2.

CORAM :

NITIN JAMDAR AND C. V. BHADANG, JJ.

DATE :

20 July 2021.

P.C. :

Heard the learned counsel for the Appellant, learned counsel for the Respondent- Passport Authority and the learned APP for the State.

2.

The application is filed by the Applicant in the pending Appeal No.1301/2003 for a direction to the Regional Passport Authority to issue fresh passport to the Applicant for such a period which this Court may deem fit. In the appeal, the Applicant/ This order is corrected vide order dated 27 July 2021.

skn 2 21-IA-1580.2021-Corrected.doc Appellant has challenged the judgment and order of the Special Judge dated 1 October 2003. The appeal is pending for hearing. During the pendency of the appeal, the Appellant has moved various applications for renewal/grant of fresh passport. The details of which are given in paragraph-8 of the application. These are: that on 27 July 2010, the passport was directed to be issued for one year; on 14 September 2011 for two years; on 27 September 2013 for two years; on 24 July 2015 for three years and on 14 March 2018/ 30 November 2018 for three years. Since the period stipulated in the last order is over, a fresh application is filed. 3.

We have perused the earlier orders. In the order dated 14 March 2018, the Division Bench noted that the application was moved after the expiry of passport and proceeded to direct the Authority to issue a fresh passport which order was modified by order dated 30 November 2018 for renewal of three years. Considering this order and since none of the orders have been objected to by the Respondents, we allow this application. 4.

The Regional Passport Authority will issue fresh passport to the Applicant- Bharat Shantilal Shah for a period of three years with same stipulation as contained in the order dated 14 March 2018 as modified by order dated 30 November 2018. 5.

Application is disposed of as above.

(C.V. BHADANG, J.) (NITIN JAMDAR, J.)