Karkela Vinit Arya v. Union Of India And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3197 OF 2022 IN CRIMINAL APPEAL NO.58 OF 2016 Karkela Vinit Arya ..... Applicant

Versus

Union of India and Ors.

.... Respondents ----- Mr. Sarthak P. Shetty, Advocate i/b. Prakash L. Shetty, for the Applicant.

Mr. Kuldeep S. Patil, Advocate for Respondent No.1-UOI-CBI. Mr. S.R. Agarkar, APP for the Respondent No.2-State. Mr. Shahjirao Shinde, Advocate a/w. D.P. Singh, for Respondent No.3-Passport Authority.

----- CORAM : SARANG V. KOTWAL, J.

DATE : 3rd OCTOBER, 2022 P.C. :

1.

The applicant was convicted for commission of offences punishable under Section 13(2) read with 13(1)(e) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.10.04 11:30:11 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE of the Prevention of Corruption Act, 1988 and under Section 109 of the Indian Penal Code in Special Case No.2/2010 vide judgment and order dated 3.12.2015 by the learned Special Judge, Greater Bombay.

2.

The applicant has preferred this appeal i.e.

Deshmane(PS)

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Criminal Appeal No.58/2016, which is pending final disposal before this Court.

3.

This application is made for permission to apply for renewal of passport.

4.

Heard Shri Sarthak Shetty, learned counsel for the applicant, Shri Kuldeep Patil, learned counsel for the respondent No.1-UOI, Shri S.R. Agarkar, learned APP for the respondent No.2-State and Shri Shahjirao Shinde, learned counsel for the respondent No.3-Passport Authority. 5.

Learned counsel for the applicant submitted and it is mentioned in the application that the applicant is working as a Design and Engineer Head since 2007 for a USA based Company. The applicant has opportunities to work in USA and other countries on their projects. Therefore, it is necessary that he has passport with him. His passport is to expire in January, 2023 and, therefore, it is necessary to make an application for renewal of his passport. 6.

Learned APP as well as learned counsel for respondent Nos.1 & 3 have no objection if such permission is

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granted for a period of three years. A reference is also made to the order dated 27.3.2019 passed in Criminal Application No.103/2019 in Criminal Appeal No.58/2016, wherein this Court (Coram: Smt. Revati Mohite-Dere,J.) had given similar permission for a period of three years.

7.

Considering all these aspects, the applicant is given permission for making application for renewal of his passport for a period of three years from the date of expiry of his existing passport. For the purpose of renewal of the passport, the respondent No.1 Union of India is directed to hand over the passport to the applicant. After the applicant gets renewed/fresh passport, he shall immediately deposit it with the respondent No.1. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.) Deshmane (PS)