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Bombay High CourtIA/4537/2022disposed off

Arun Digamber Kulkarni v. State Of Maharashtra And ANR.

2023-02-03Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4537 OF 2022 IN CRIMINAL APPEAL NO.341 OF 2007 Arun Digambar Kulkarni ....Applicant

Versus

The State of Maharashtra & Anr. .... Respondents ----- Mr. Madan Gupta, Advocate for the Applicant. Mr. S.R. Agarkar, APP for the Respondent No.1-State. Mr.S.K. Halwasia,Additional P.P. a/w. M.M. Nasiri, for Respondent No.2.

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

DATE : 3rd FEBRUARY, 2023 P.C. :

1.

This is an application seeking no objection certificate to renew the passport of the applicant for a period of five years.

2.

The applicant was convicted on 26.2.2007 for commission of the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short, ' PC Act'

) and was sentenced to suffer RI for two years and to pay fine of Rs.10,000/-. He was also convicted for commission of the Deshmane(PS)

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offence punishable under Section 13(1)(d) read with 13(2) of the PC Act was sentenced to suffer RI for three years and to pay fine of Rs.40,000/-. This order was passed in Special Case No.13/2004 before the Special Judge, Greater Bombay. 3.

Heard Shri Madan Gupta, learned counsel for the applicant, Shri S.R. Agarkar, learned APP for the Respondent No.1-State and Shri S.K. Halwasia, learned Additional P.P. for the respondent No.2.

4.

Learned counsel for the applicant submitted that in the past he had made similar prayer before this Court by making applications vide Criminal Application No.694/2010 and Criminal Application No.940/2017. Both of which were allowed vide orders dated 8.9.2010 and 21.7.2017 respectively. Though the order dated 21.7.2017 does not in specific words grant that particular prayer but the effect was the same.

5.

Learned counsel for the respondent No.2 left the matter to the discretion of this Court.

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6.

I have considered these submissions. Considering these submissions, the permission is granted for renewal of the applicant's passport for a period of five years. The application is disposed of accordingly.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2023.02.07 10:22:58 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane (PS)