Kanhaiyalal Laxmandas Adnani v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.975 OF 2015 IN CRIMINAL APPEAL NO.547 OF 2014 KANHAIYALAL LAXMANDAS ADNANI )...APPLICANT V/s.

UNION OF INDIA AND ANR.

)...RESPONDENTS Shri Prasanna Bhangale i/b. Shri N.S.Mundargi, Advocate for the Applicant.

Shri Sandeep Shinde with Shri V.M.Nakhwa, Advocate for Respondent No.1.

Smt.M.R.Tidke, APP for the Respondent - State.

CORAM

:

ABHAY M. THIPSAY, J.

DATE :

1st FEBRUARY 2016.

P.C. :

Heard Shri Prasanna Bhangale, the learned counsel for the applicant. Heard Shri Sandeep Shinde, the learned counsel for respondent no.1.

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The applicant has not yet planned his visit abroad. He, however, intends to depart from India and go to United States of America (U.S.A.) in this year i.e. 2016. Basically, what the applicant wants at this stage is to have his passport renewed, but in view of the provisions of the Passport Act, the processing of his application for renewal of his passport cannot be undertaken by by Passport Authority unless the applicant secures a permission to travel abroad, from this court.

In these circumstances, it would be proper to grant the necessary permission to the applicant, subject to certain conditions.

The applicant shall be permitted to depart from India and visit U.S.A. in the year 2016, subject to the following conditions :

i) Even if the passport of the applicant is renewed by the Passport Authority, the applicant shall not actually depart from India, without making an application seeking a specific avk 2/3

permission for departing from India during a particular period, by giving his travel itinerary and other relevant details.

ii) The applicant shall undertake that he shall actually depart from India only if such a specific permission is granted by this court.

The application is allowed in the aforesaid terms and to the aforesaid extent.

(ABHAY M. THIPSAY, J.) avk 3/3