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Bombay High CourtIA/3685/2022allowed

Dr. Balaram Ganpati Harale v. State Of Maharashtra And ANR.

2022-11-17Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3685 OF 2022 IN CRIMINAL APPEAL NO. 165 OF 2009 Dr. Balaram Ganpati Harale ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Kartik S. Garg for Applicant.

Mr. S. R. Agarkar, APP for State/Respondent No.1. Mr. D. P. Singh, for Respondent No.2.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 17th NOVEMBER 2022 PC :

1.

This is an application for directions to the Respondent No.2 i.e. Regional Passport Authority to consider the applicant' s application for renewal/re-issuance of Passport. 2.

Learned counsel for the applicant submitted that, he was convicted for commission of offence punishable U/s.7 and 13(1) (d) r/w. 13(2) of the Prevention of Corruption Act, 1988. He has preferred the Criminal Appeal No.165 of 2009 which is pending before this Court. He is on bail during pendency of the Appeal. In Digitally signed by VINOD BHASKAR GOKHALE Date:

2022.11.19 10:56:07 +0530 VINOD BHASKAR GOKHALE Gokhale

the past, he was granted similar permission vide different orders passed in Criminal Application No.1483 of 2010, Criminal Application No.445 of 2011 and I.A.No.1 of 2019. All these applications were made in Criminal Appeal No.165 of 2009. He has visited foreign countries and has returned to India. There are no allegations that he had absconded or had misused that liberty. 3.

Learned counsel for the Respondent No.2 has no objection for allowing this application.

4.

Learned counsel for the applicant submits that, permission for renewal of Passport be granted for a period of three years because one of his daughters is in U.S.A. and the other is in Australia. Therefore, it would be necessary for him to have Passport for a longer period. Even for this request, learned counsel for the Respondent No.2 has no objection.

5.

Considering these circumstances and the previous orders passed, the application is allowed.

6.

The Regional Passport Authority i.e. the Respondent No.2 shall consider the applicant'

s application for renewal of the

Passport for a period of three years in accordance with law. 7.

The permission for that purpose as required is granted. 8.

The Interim application is disposed of.

(SARANG V. KOTWAL, J.)