Bombay High CourtIA/878/2024allowed

Narendra Chotalal Patel v. The State Of Maharashtra And ANR

2024-09-02Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 12 IA 878-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 878 OF 2024 IN CRIMINAL APPEAL NO. 708 OF 2019 Narendra Chotalal Patel ..

Applicant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Mr. Waqar Khan Pathan with Ayaan Bhattacharya i/b Karl Rustom Khan for the petitioner.

Mr. D.J. Haldankar, APP for the State.

CORAM:BHARATI DANGRE & MANJUSHA DESHPANDE,JJ.

DATED : 2nd SEPTEMBER, 2024 P.C:- By order dated 31/10/2023, this Court allowed Interim Application No. 1616/2023 filed by the applicant granting permission for renewal of his passport, with direction to the Authority to renew his passport as per the Passport Act and Rules.

This permission was granted subject to the applicant undertaking before the Court that the passport freshly issued shall be deposited in the office of CBI, EOB.

Tilak

2/2 12 IA 878-24.doc Today, the applicant once again has approached this Court, with an intention to give effect to the order passed by the Court on 31/10/2023, seeking direction to the CBI, EOW, to return passport to the applicant, so that the process of renewal can be undertaken which is already permitted by the order passed by this Court on 31/10/2023.

Though Mr.Patil representing the respondent make a grievance that the copy of the application is received, considering the innocuous prayer which in fact would aid the implementation of the order dated 31/10/2023, Interim Application is allowed in terms of prayer clause (a), which reads to the following effect:- "(a) That this Hon'ble Court be pleased to direct the respondent no.02 i.e. Central Bureau of Investigation (EOW) to return passport bearing No. 424630647 having validity from 31st May 2007 to 30th May 2017 to the applicant on any term and conditions deems just fit and proper in the interest of justice."

The respondent shall hand over the passport to the applicant within a period of one week from today. Upon the passport being renewed, as the applicant had already undertaken before the Court on 31/10/2023, he shall deposit the passport with the CBI, EOB within a period of one week thereafter.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Tilak