Aniket S/O. Subhashrao Kokate v. State Of Maharashtra Thr. P.S.O. Daryapur Tq. Daryapur Dist. Amravati
2025:BHC-NAG:4477
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGP UR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.331 OF 2025 IN CRIMINAL APPEAL NO.168 OF 2017 (Aniket s/o Shubashrao Kokate Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. C.S. Dongare, Advocate h/f Mr. S.S. Dhengale, Advocate for the appellant.
Ms S.S. Dhote, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- APRIL 23, 2025.
Heard.
2.
By this application, the appellant is seeking directions to issue passport to the appellant. As per the contention of the appellant he was prosecuted in Special Case No.10/2011 wherein he was sentenced to suffer rigorous imprisonment of one year and to pay fine of Rs.1000/- for the offence punishable under Sections 452, 509, 323 of the Indian Penal Code as well as to suffer simple imprisonment of 6 months 15 days for the offence punishable under Section 3(1)(xi)(xb) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
3.
The applicant has applied for issuance of passport but as crime is registered against him and the appeal is pending, the authorities are not issuing the
passport to him. It is submitted that the applicant is a businessman and to avail the best opportunities of the business and investment he has to visit the various countries, and therefore, he needs passport. In view of the office memorandum issued by the Government of India, Ministry of external affairs, the passport be issued to him for the period of 10 years.
4.
Learned APP strongly opposed the application on the ground that appeal is pending against the present appellant, if passport is issued to him for 10 years, he will not be available for the purpose of disposing of the appeal. In view of that, the application deserves to be rejected. 5.
I have heard learned Counsel for both the parties. Perused the application as well as the paper book. It reveals that the applicant is convicted of the offence punishable under Section 452, 509 and 323 of the IPC along with the provisions of the Atrocities Act and the limited period punishment of 1 year imposed on him. Now, paper book is already ready before this Court. Considering the submissions made by the learned Counsel for the applicant that the appellant is a businessman and to avail the best opportunities of the business and investment he has to visit various countries, therefore, the period of passport can be fixed as a one year. In view of that, I proceed to pass the following order :
(i) The passport authority shall issue the passport as per the rules to the present applicant for the period of one year considering the appeal is pending against him.
(ii) The applicant shall not leave India without prior permission of this Court.
6.
The application is disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) *Divya