Imran Ilyas Bhimani v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1586 OF 2021 Imran Ilyas Bhimani

...Petitioner

Versus

The State Of Maharashtra

...Respondent

....

Mr. Shantanu Singh a/w Mr. Jehangir M.Khajotia i/by Pegasus Legal, Advocate for the Petitioner.

Mr. Kuldeep Patil, Special P.P. for respondent No.1 - CBI. Mr. A. R. Patil, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

3rd AUGUST, 2022.

PER COURT :

1.

The petitioner in this petition seeking modification of the order dated 13th February, 2020 passed by the Court of learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade Mumbai granting permission to apply for renewal of his passport for a period of two years and the order dated 16th March, 2020 passed by the Sessions Court rejecting the revision application preferred by the petitioner.

2.

Learned Advocate for the petitioner submitted that the petitioner is facing prosecution in the proceedings initiated by CBI which is pending in the Court at Mumbai and two cases are pending at Surat. The learned Magistrate ought to have granted by SAJAKALI LIYAKAT JAMADAR Date:

2022.08.30 13:40:49 +0530 SAJAKALI LIYAKAT JAMADAR

permission of renewal of passport for a period of at least ten years. The Court has not assigned any reasons for granting permission for short period of two years. The petitioner would find it difficult to obtain Visa. Reliance is placed on the decision of this Court in the case of Capt. Amol Vasant Kelkar V/s. Union of India and Others in Criminal Writ Petition No.234 of 2020.

3.

The learned counsel for respondent - CBI submitted that the Court of learned Magistrate has granted permission for renewal of passport for a period of two years. There is no reason for extending the said period. The Sessions Court has confirmed the order of learned Magistrate. Apart from one case pending against the petitioner in Mumbai, two other cases are pending against him in the Court of Chief Judicial Magistrate at Surat. 4.

I have perused the order passed by the learned Magistrate and Sessions Court. The Court has granted permission for renewal of passport for a period of two years. Although the petitioner contends that he intends to travel abroad for business purposes, there is no material on record to extend the period of renewal of passport. Three cases are pending against the petitioner. The petitioner has not travelled abroad in the near past. No case is made out for modifying the impugned order passed by the learned

Magistrate and Sessions Court extending renewal period for ten years.

5.

Writ Petition is rejected stands disposed of accordingly. (PRAKASH D. NAIK, J.)