Ashwin Pandurang Bhole v. State Of Maharashtra

LSP 1 1 ia 5438.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No. 5438 of 2024 In Application for Leave to Appeal No. 121 of 2015 Ashwin Bhole ...

Applicant V/s.

Kanhiya Khetashi Maheshwari and ors.

...

Respondents.

Mr. Tushar Sonawane Advocate for the Appellant in ALP No.121/2015.

Ms. Pranita P. Hingmire Advocate for the Applicant in Interim Application.

Mr. D.P. Singh Advocate for Respondent Nos.3 and 4.

Ms. Sangeeta E. Phad APP for the State.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.06.23 18:32:09 +0530 LATA SUNIL PANJWANI CORAM : S.M. MODAK, J DATE : 23rd June 2025.

P.C. :

Heard learned Advocate Ms. Hingmire for the Applicantoriginal Respondent-acquitted accused, Mr. Sonawane, the learned Advocate for the Appellant-Complainant and Mr. Singh, the learned Advocate appearing for the Regional Passport Office. 2.

Today, the copy of passport which expired on 1st April 2024 is taken on record and marked as annexure 'X'. So also copy of order passed by the Court of Additional Chief Judicial Magistrate, Nashik in Summary Case No.304165/2012 is annexed. The present

LSP 2 1 ia 5438.24.doc applicant is an accused in that case instituted under Section 138 of the Negotiable Instrument Act. There is a prayer for renewal of passport.

3.

According to Mr. Sonawane, the request is to pass appropriate order whereas as per the rules there is no need for taking direction from the Court because such direction is required only when case falls under the provisions of sub-section 2 of Section 6 of the Passport Act. Clauses (e) and (f) are relevant. They talk about when there is a conviction for a period of two years and above and when criminal case is pending, in those contingencies direction is required. On the basis of instructions, he submitted that in this case direction is not required. This is an appeal against judgment of acquittal. 4.

If it is so, the passport authorities are at liberty to take decision as per the rules. Hence, the application is disposed of. 5.

Passport authorities to process the application and to deal with it as per the Rules. During police verification by the passport authorities, if any other offence is disclosed, in that eventuality, the Applicant to comply with the provisions of law. 6.

It is true that this Court has imposed a cost of Rs.3,000/- on the last date. On the basis of oral request, cost is waived. (S.M. MODAK, J.)