Sikandar @ Sikka Ibrahim Shaikh v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.791 OF 2025 WITH CRIMINAL APPEAL NO.54 OF 2014 Sikandar @ Sikka Ibrahim Shaikh .....Applicant In the Matter in Between:
Sikandar @ Sikka Ibrahim Shaikh .....Appellant Vs.
1. The State of Maharashtra
2. Regional Passport Office .....Respondents Mr. Jitendra Tiwari i/b Mr. Sachchidanand Singh, for the Applicant. Ms. P. P. Shinde, APP for Respondent No.1-State. Mr. D.P. Singh, for Respondent No.2.
PSI Mr. Akhtar Shaikh attached to Nalasopara Police Station present. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.
DATE : 21st MARCH 2025.
P.C.:- 1) By this Interim Application, the Applicant seeks renewal of his passport bearing no. W3192904 for a period of 10 years. 2) Perused the Application. It appears that the Applicant's sentence was suspended and he was enlarged on bail in the aforesaid 1/4
Appeal vide order dated 20th February 2019 passed by this Court (Coram: A.S.Oka & A.S. Gadkari, JJ) on certain terms and conditions stipulated therein. The said order is at Exhibit 'A' to the Application. 3) The Applicant has filed the aforesaid Application as he wants to travel to Mecca and Madinah for performing Umrah and Hajr and for other religious purposes. It appears that the Applicant was permitted to travel to Mecca Shariff and the Madina Shariff pursuant to an order dated 11th February 2022 passed by this Court (Coram: Smt. Sadhana S. Jadhav & Prithviraj K. Chavan, JJ.). The said order is at Exhibit B (Page 14) of the Application. We are informed that the Applicant's passport is presently with the Investigating Agency, since the Applicant was required to deposit his passport with the Investigating Agency as per the condition imposed by this Court vide its order dated 11th February, 2022.
4) Since the Applicant intends to apply for renewal of his passport, it would be necessary for him to produce his old passport, which is with the Nalasopara Police Station.
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5) Accordingly, Nalasopara Police Station to hand over Applicant's expired passport to the Applicant forthwith and in any event, within one week from today to enable the Applicant to apply for renewal of his passport. Thereafter, if an application is made by the Applicant for renewal of the passport, the Passport Authorities to consider the said application in accordance with Passport Act, 1967 and Rules thereunder.
6) The said passport may be renewed for a period of 5 years by the Passport Authorities provided the Application is in order and as per the Passport Act and Rules thereunder.
7) As soon as fresh passport is received, the Applicant shall deposit the same with the Nalasopara Police Station. 8) Application is disposed off on the aforesaid terms. 9) Needless to state, that if the Applicant after receipt of passport intends to travel to the Mecca, he is at liberty to file a fresh application seeking permission to travel, which will be considered on its own merits.
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10) All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2025.03.26 18:24:41 +0530 SHAMBHAVI NILESH SHIVGAN 4/4