Bhagyashree Chandrakant Patil v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3114 OF 2021 IN CRIMINAL APPEAL NO. 1020 OF 2014 Bhagyashree Chandrakant Patil ...Applicant/ Appellant

Versus

State Of Maharashtra

...Respondent

....

Ms. Pravada Raut i/by Mr. Sachin Thombare, Advocate for the Applicant/Appellant Mr. Arfan Saif, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

22nd FEBRUARY, 2022.

PER COURT :

1.

This is an application seeking direction of issuance of passport to the applicant with validity of 10 years. 2.

The applicant has been convicted for offence under Section 7 of the Prevention of Corruption Act (for short "PC Act") and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.2,000/-. She is also convicted for offence under Section 13(2) r/w Section 13(1) (d) of the P.C. Act and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.3,000/- in Special Case No.30 of 2010. The appeal preferred by the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.02.24 12:28:32 +0530 SAJAKALI LIYAKAT JAMADAR

applicant has been admitted by this Court on 12th January, 2015 and sentence of imprisonment has been suspended during pendency of appeal.

3.

The applicant had approached Regional Passport Office, Pune for issuance of Passport. Vide communication dated 22nd January, 2020, the passport office has directed the applicant to obtain permission from the concern Court in view of the pendency of appeal challenging conviction. 4.

Learned counsel for the applicant submitted that in accordance with Circular issued by the Government of India published in Gazette of India dated 25th August, 1993 conditions are stipulated for issuance of passport. The applicant needs passport for visiting her daughter to Australia. Hence, direction be issued for issuance of passport for a period of 10 years.

5.

Learned APP submitted that since the passport authority is not before the Court he has no instructions among the said persons nor anybody from the ACB is present in the Court.

6.

It is pertinent to note that the appeal preferred by the applicant challenging the conviction is pending before the Court and the sentence of imprisonment has been suspended.

Permission is required for issuance of passport in accordance with the Circular issued by the Government of India, in the event of pendency of criminal proceedings.

7.

Considering the aforesaid circumstances, the passport authority may issue passport to the applicant for a period of 5 years in accordance with Rules.

8.

As and when applicant intends to go abroad, She shall seek permission from this Court.

9.

Interim Application stands disposed off accordingly.

(PRAKASH D. NAIK, J.)