← Library
Bombay High CourtIA/2703/2025disposed off

Kenneth Okeke v. State Of Maharashtra

2025-08-11Hon'Ble Ms. Justice Gauri Godse2 pages

8.2703.25 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2703 OF 2025 Kenneth Okeke .....Applicant Vs.

State of Maharashtra .....Respondent Mr. Arif Khan a/w Mr. Ruksar Shailesh a/w Ms. Shilpa Sharma, Jasmine K, Mr. H. Sheikh i/b Arif Z. Khan and Co. for the applicant Mr. A. S. Gawai for the applicant CORAM : GAURI GODSE, J.

DATE :

11th AUGUST 2025 ORDER:

1.

This application is filed seeking relaxation of condition no. IRESH MASHAL IV of the order dated 23rd June 2025. The applicant contends by IRESH MASHAL Date:

2025.08.14 11:30:38 +0530 that he has lost his original passport while in custody. He further states that his passport's validity was only upto 22nd February 2022. Pursuant to the permission granted vide order dated 5th August 2025, learned counsel for the applicant has tendered affidavit-cum-undertaking dated 7th August 2025 of the applicant. The affidavit-cum-undertaking is taken on record. 2.

The applicant has stated in the affidavit that while in 1/2

8.2703.25 ia.docx custody, he has lost the passport and he does not possess any valid travel document. The applicant has undertaken that without the permission of the Court, he shall not apply for a new passport and he shall not leave the jurisdiction of the Trial Court without written order.

3.

The undertakings given in the affidavit tendered today are accepted as undertakings to the Court. It is clarified that without permission of the Trial Court, the applicant shall not apply for any new passport or renewal of the passport or any other travel permission. The investigating officer shall intimate this order and the undertakings to the Federal Republic of Nigeria for information.

4.

In view of the aforesaid undertaking, condition no. IV of the order dated 23rd June 2025 is relaxed subject to the aforesaid undertaking.

5.

It is clarified that all the remaining conditions as per order dated 23rd June 2025 shall continue and would be binding upon the applicant.

6.

Interim application is disposed of in aforesaid terms. [GAURI GODSE, J.] 2/2