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Bombay High CourtIA/2437/2025disposed off

Vijay Dattatray Kharkar v. The State Of Maharashtra And ANR

2025-07-14Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

29-IA-2437-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2437 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2024 OF 2025 Vijay Dattatray Kharkar ... Applicant.

Vs.

The State of Maharashtra & Anr.

... Respondents.

**** Mr. Tushar Kochale a/w Mr. Ajay Jankar, Pradnya Bhuite, Yash Jadhav and Shubheccha Kasrung, Advocate for the Applicant. Mr. P. H. Gaikwad, APP for Respondent/State.

Mr. Jaydeep Dalvi-PSI, NRI Sagri Police Station. **** CORAM :

ASHWIN D. BHOBE, J.

DATE :

14th JULY, 2025.

P.C. :

1.

Heard Mr. Tushar Kochale, learned Advocate for the Applicant and Mr. P. H. Gaikwad, APP for Respondent-State. 2.

By the present Application, the Applicant is seeking the following order :- A) To allow present Interim Application and direct the Officer-in-charge of the NRI Sagri Police Station, Navi Mumbai, and/or Investigation Officer of Crime No. 120 / 2024 registered with the NRI Sagri Police Station, Navi Mumbai, to release Applicant's Passport and handover the same to the Applicant.

Gayatri Shimpi

29-IA-2437-2025.doc 3.

Mr. P. H. Gaikwad points out that the condition imposing surrender of passport was imposed by this Court in Interim Application No. 3749 of 2024 filed in Criminal Bail Application No.3532 of 2024. He submits that the Criminal Bail Application No.3532 of 2024 was disposed on 27th January, 2025. He submits that the present Application seeking the return of passport is erroneously made by the Applicant in Criminal Bail Application No.2024 of 2025. He submits that the Bail conditions in order dated 8th May, 2025 passed in Criminal Bail Application No. 2024 of 2025 does not pertain to the passport.

4.

Faced with the above situation, Mr. Tushar Kochale, learned Advocate for the Applicant, seeks leave to withdraw the present Application, with liberty to file a proper Application in Bail Application No.3532 of 2024. Leave to withdraw granted with liberty to file an appropriate Application in Bail Application 3532 of 2024.

5.

In view of the above, Interim Application No.2437 of 2025 is dismissed as withdrawn with liberty as above. (ASHWIN D. BHOBE, J.) by GAYATRI RAJENDRA SHIMPI Date: 2025.07.14 20:22:36 +0530 GAYATRI RAJENDRA SHIMPI Gayatri Shimpi