Atul Mathurdas Chatwani And ANR. v. State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4491 OF 2022 WITH CRIMINAL APPEAL NO. 1345 OF 2019 Atul Mathurdas Chatwani & Anr ..

Applicants

Versus

The State of Maharashtra & Anr ..

Respondents ...

Ms.Nandini Vasaikar i/b Prakash Vaze for the applicants. Mr.Kuldeep Patil for respondent no.2 CBI.

Mrs.Anamika Malhotra, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 27th MARCH 2023 P.C:- By the present application, the applicant no.1 seek renewal of his passport, whereas applicant no.2 seek a fresh passport and it is prayed that the respondent no.2 CBI should accord it's No objection for undertaking the said exercise. Heard learned counsel for the applicant and learned counsel Mr.Kuldeep Patil representing the CBI/EOW, Mumbai. The applicants stand convicted by the Special Court for CBI, Greater Mumbai in CBI Special Case No.112/2010, the judgment being delivered on 24/9/2019. The two applicants in Tilak

2/2 23 IA 4491-22.doc the application stand convicted for the offence punishable u/s.420 and 120B of IPC and having sentenced to suffer RI for one year and fine of Rs.50,000/- as a maximum penalty. The Appeal filed by the applicants is admitted and pending for adjudication before this Court.

Considering the sentence imposed and the pendency of the Appeal, since no specific objection is raised by CBI in granting the relief in favour of the applicants, I deem it appropriate to allow the application in terms of prayer clause (a) which reads thus :- "(a) that this Hon'ble Court be pleased to issue No Objection in favour of the applicant no.2 for issuing fresh Passport and No Objection in favour of the applicant no.1 for renewal of Passport on such terms and conditions as this Hon'ble Court may deem fit and proper." The aforesaid relief is granted subject to the applicants being compliant in all other respects before the passport is issued/ renewed in their favour by respondent no.3. ( SMT. BHARATI DANGRE, J.) Tilak