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Bombay High CourtAPPA/1880/2018others disposed off

Hasmukh Premji Gala v. The State Of Maharashtra

2018-11-28Hon'Ble Smt. Justice S.S. Jadhav2 pages

17.appa1880.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1880 OF 2018 IN CRIMINAL APPEAL NO. 1310 OF 2008 Hasmukh Premji Gala.

..Applicant.

V/s.

The State of Maharashtra.

..Respondent.

Mr. Subodh Desai I/b. L.D. Shah & Co., advocate for applicant. Mr. S.S. Pednekar, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : NOVEMBER 28, 2018.

P. C. :

Heard the learned Counsel for the applicant and the learned APP for State.

The appeal of the applicant is pending before this Court. The applicant is seeking permission to renew/reissue his passport and also depart from India during the period February to May, 2019. The learned Counsel for the applicant has also placed implicit reliance upon notification dated 25th August, 1993 issued by the Government of India, Ministry of External affairs and the circular dated 21st August, 2014.

Taking into consideration the facts of the case and the notification and circular, the applicant deserves right to get his passport renewed/reissued.

Talwalkar

17.appa1880.18.doc In view of this, the passport of the applicant shall be renewed/reissued for a period of 3 years commencing from 1st January, 2019.

Similarly, the applicant is also granted permission to depart from India between February to May, 2019. The applicant shall return to India on or before 30/6/2019.

The applicant shall thereafter mark his presence before the Special Court, Gr. Bombay once in 6 months on the date assigned by the Special Court, Gr. Bombay. Upon failure to attend any two consecutive dates, the Special Court, Gr. Bombay to report the same to the High Court and the prosecution is at liberty to file application for cancellation of bail.

The application is disposed of accordingly.

The parties to act on the authenticated copy of this order. [SMT. SADHANA S. JADHAV, J.] Talwalkar