Avinash Mahendra Angara v. The State Of Maharashtra And ANR.

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2209 OF 2024 IN CRIMINAL APPEAL NO. 181 OF 2017 Avinash Mahendra Angara ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Ganesh Singh i/b. Shyamrishi Pathak for Applicant. Smt. Sangita D. Shinde, APP for State/Respondent. Mr. D. P. Singh, for Respondent No.2/Passport authority. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 29 JULY 2024 PC :

1.

Heard Mr. Ganesh Singh, learned counsel for the Applicant, Smt. Sangita Shinde, learned APP for the State and Mr. D.P. Singh, learned counsel for the Respondent No.2/Passport authority.

2.

This is an application for permission to renewal of the Passport of the applicant for the period of ten years. The applicant was convicted by the learned Sessions Judge, Greater Mumbai in Sessions Case No.740 of 2009 vide the order dated 27.12.2016. He Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.07.31 13:09:01 +0530 VINOD BHASKAR GOKHALE

has preferred Criminal Appeal No.181 of 2017 which is pending before this Court. He is already granted bail pending his appeal. 3.

Learned counsel for the Applicant submitted that his mother is suffering from renal failure. The applicant wants to take his mother to Singapore for medical treatment and for that purpose, permission is required for renewal of his passport. He invited my attention to the three earlier orders passed by the different benches of this Court granting such permission. The first was on 22.02.2018 passed in Criminal Application No.886 of 2017 in Criminal Appeal No.181 of 2017. The second order was dated 12.12.2018 passed in Criminal Application No.1523 of 2018 in Criminal Appeal No.181 of 2017 and the third order is dated 17.07.2019 passed in Criminal Application No.961 of 2019 in Criminal Appeal No.181 of 2017. On all these occasions, permission to renew the Passport was granted. In fact, the order dated 17.07.2019 records that the applicant was on bail and with the leave of the Court, the applicant had already been abroad and that, he had established his bonafides regarding availability during adjudication of the Appeal. Considering the past three orders, even

on this occasion, I do not see any reason to deny permission to renewal of his passport, particularly when he wants to take his mother for medical treatment to Singapore.

4.

In this view of the matter, the following order is passed.

O R D E R

i) Permission for renewal of the Applicant's passport is granted for a period of five years.

ii) The Application is disposed of.

(SARANG V. KOTWAL, J.)