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Bombay High CourtAPPA/1257/2019others disposed off

Ajay Damodar Sharma v. The State Of Maharashtra

2019-08-05Hon'Ble Shri Justice Indrajit Mahanty,Hon'Ble Shri Justice A.M. Badar2 pages

19 - APPA. 1257-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1257 OF 2019 IN CRIMINAL APPEAL No. 210 OF 2010 Ajay Damodar Sharma ...

Applicant Vs.

The State of Maharashtra ...

Respondent *** Mrs. Sangita Musle, for the Applicant.

Mrs. S. V. Sonawane, APP for Respondent .

*** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : AUGUST 5, 2019 PC :

1.

This is an application for directing the passport issuing authority i.e. the Regional Passport Authority, Mumbai to renew the Passport bearing No. PO84682 of the applicant, who happens to be Respondent No. 4 in Criminal Appeal No. 210 of 2010 pending before this Court.

2.

Heard the learned counsel appearing for the Applicant as well as the learned APP for the State. 3.

The Applicant was an accused in MCOC Special Case No. 11 of 2017 and he came to be acquitted by the court vide order dated 5th March, 2009 of the ofences punishable under Sections 387, 120-B, 506(II) read with of the Indian

19 - APPA. 1257-19 Penal Code as well as under Section 3(1)(ii) read with 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999. The State has preferred an appeal challenging this acquittal and this is how the Applicant is requiring permission of this Court to renew his passport.

4.

The criminal appeal is yet to be listed for fnal hearing and as such, we see no impediment in granting permission to the Applicant to renew his passport according to Rules and Regulations of the concerned authority. Hence, the order.

ORDER

(i) The Applicant Ajay Damodar Sharma is permitted to renew his Passport No. PO84682 according to the existing Rules and Regulations in that regard. (ii) The criminal application is accordingly disposed of in the aforesaid terms.

Sd/- Sd/- [A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath