Shahrukh Majjid Mahadkar v. The State Of Maharashtra And ANR

12-IA-5111-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.5111 OF 2024 IN CRIMINAL APPEAL NO.692 OF 2019 Shahrukh Majjid Mahadkar .... Applicant V/s.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.12.18 18:14:16 +0530 The State of Maharashtra & Anr.

.... Respondents ---- Ms.Akshata B. Desai i/b Mr.Nitin Sejpal, for the Applicant. Mr.Swapnil Walve, APP, for Respondent-State.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18th DECEMBER 2024 P.C:- .

By this Application, the Applicant is seeking Police Clearance Certificate for process of Visa.

2.

It is contention of the learned counsel for the Applicant that, the Applicant has received Visa of Kuwait. For completing the visa formalities, the Police Clearance Certificate is required of Roha Police Station. The police are not giving Clearance Certificate. Hence, requested to allow the Application. 3.

The learned APP strongly objected on the ground N.S. Kamble page 1 of 2

12-IA-5111-2024.doc that, the Applicant has been convicted if Police Clearance Certificate is given he may abscond and requested to reject the Application.

4.

I have heard both learned counsel.

5.

This Court (Coram : Smt.Bharati Dangre, J.) by order dated 9th November 2023 has permitted the Applicant to go Kuwait. The Applicant has received visa from Kuwait. 6.

Considering these facts, I pass following order.

ORDER

(i) Application is allowed.

(ii) The concerned Police Officer of the Pass-port Department of Roha Police Station shall give Clearance Certificate to the Applicant.

(iii) The Applicant shall file an undertaking before the concerned officer stating that he will appear before this Court as and when required.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2