Dilipkumar S/O Gokulchand Sananda v. State Of Maharashtra, Through P.S.O. P.S. Khamgaon, Buldhana

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.317 OF 2016 IN CRIMINAL APPLICATION (BA) NO.123 OF 2016 (Dilipkumar Gokulchand Sananda vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri J.B. Gandhi, Advocate for applicant.

Shri A.M. Deshpande, Additional Public Prosecutor for respondent.

------ CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 21, 2016 Heard Shri Gandhi, learned Counsel for applicant, and Shri Deshpande, learned Additional Public Prosecutor for respondent.

This application is filed by applicant for relaxation of condition no. ii imposed on him by this Court vide order dated 3/3/2016 while granting bail that he shall surrender his passport within three days to Investigating Officer.

Shri Gandhi, learned Counsel for applicant, submits that applicant was issued with passport, which was in force from 1985 to 1995. However, during said period, applicant had not travelled abroad and after 1995, had not renewed his passport. It is the case of applicant that on his release on bail on 3/3/2016, he realised that his passport was not traceable and thus, on 5/3/2016 he lodged report with City Police Station, Khamgaon. Thus, it is the case of applicant that though

2111appp317.16 2/2 he was earlier in possession of passport as aforesaid, same is now missing. Learned Counsel for applicant is unable to state what is the investigation with reference to report lodged by applicant about missing passport. Having considered facts as aforesaid, application is liable to be allowed as per order below : The condition no. ii imposed upon applicant to surrender passport to the Investigation Officer stands relaxed since same is found to be misplaced. However, applicant is directed to obtain permission from the concerned Court where he is likely to be tried for the offences for which he is on bail, if he wants to apply for fresh passport.

The application stands allowed in the above terms.

JUDGE khj