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Bombay High CourtAPPA/1093/2016others disposedismissed for court disposal

Nilesh Ramchandra Pol v. The State Of Maharashtra

2016-12-23Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1093 OF 2016 IN CRIMINAL APPEAL NO.504 OF 2011 Nilesh Ramchandra Pol ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.R.L.Gurnani, for the Applicant.

Mr.P.H.Gaikwad-Patil, APP for the Respondent No.1-State. Mr.H.S.Venegaonkar, for the Respondent No.2.

CORAM : REVATI MOHITE DERE, J.

DATE : 23rd DECEMBER, 2016 P.C. :

Not on board. Taken on board.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks the following substantive prayer :- (a) that this Hon'ble Court be pleased to issue No Objection under the provisions of Section 6(2)(F) of the Passport Act, 1967, to

2/3 the Regional Passport Office, Thane to renew/issue fresh Passport in the name of the Applicant.

3.

The applicant has been convicted for the alleged offence punishable under Section 324 of the Indian Penal Code and has been sentenced to suffer R.I for 1year and to pay a fine of Rs.3,000/- and in default to undergo R.I for 3 months. The applicant is presently on bail. 4.

Learned Counsel for the applicant states that the applicant intends to travel abroad and requests that a direction be given to the passport authorities to renew his passport, as per the Rules under the Passport Act.

5.

Mr.Venegaonkar, learned counsel for the respondent no.2 states that a direction be given to the Regional Passport Office, Thane to renew/ issue a fresh Passport in the name of the Applicant, as this Court deems fit. 6.

Considering the peculiar facts of this case, the application is allowed. The respondent no.2 is directed to renew/issue a fresh Passport in

3/3 the name of the Applicant, in accordance with the Rules and Provisions of the Passport Act, for a period of 5 years.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.