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Bombay High CourtIA/3155/2025disposed off

Abdul Rehman Abdul Gafoor Shaikh v. The State Of Maharashtra And ANR.

2025-11-12Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak3 pages

1/3 914 IA-3155-25.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.11.13 11:18:51 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.648 OF 2007 WITH INTERIM APPLICATION NO.3155 OF 2025 Abdul Rehman Abdul Gafoor Shaikh ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents WITH CRIMINAL APPEAL NO.616 OF 2007 Abdul Sattar Haji Jivabhai Radhanpura @ Sattar Teli ..

Appellant

Versus

State of Maharashtra ..

Respondent WITH CRIMINAL APPEAL NO.639 OF 2007 WITH INTERIM APPLICATION NO.3576 OF 2025 Tarik Abdul Karim Parveen @ Tariq Parveen ..

Appellant

Versus

The State of Maharashtra ..

Respondent WITH CRIMINAL APPEAL NO.779 OF 2007 The State of Maharashtra ..

Appellant

Versus

Iqbal Hassan Ibrahim Kaskar @ Arabsaab & Ors.

..

Respondents ...

2/3 914 IA-3155-25.odt Mr.Rahul Arote for the Applicant in IA/3155/25. Ms.Sangeeta D. Shinde, Addl.P.P. for the State/Respondent. Ms.Vaishnavi Javheri with Ms.Neha Patil for the Respondent No.2.

HC 34430, Mr.Mane, attached to DCB/CID, Unit 1, present. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 12th NOVEMBER, 2025 ...

P.C:- 1.

Interim Application No.3155 of 2025 filed by the Applicant, during the pendency of the Appeal filed by him raising a challenge to the Judgment and Order dated 13th June, 2007 passed in MCOCA Special Case No.03 of 2003, seeks a limited relief.

2.

Since the Appeal is pending before this Court and the Applicant is already on bail, a limited request is to return the passport, which is deposited with the Registrar, City Civil & Sessions Court and he be permitted to renew the same, which has already expired for a further period of ten years and the learned counsel makes a categorical statement that upon the passport being renewed, it shall be once again deposited with the Registrar, City Civil and Sessions Court, Mumbai. He would invite our attention to the order dated 31st March, 2015 passed in Criminal Application No.353 of 2015 during the pendency of the Appeal, when his passport had expired and he sought its renewal and this Court directed that

3/3 914 IA-3155-25.odt the passport which is in the custody of the Registrar, City Civil and Sessions Court, be returned to the Applicant for its renewal and after it's renewal, again it was directed to be deposited with the Registrar.

3.

We see no difficulty in extending a similar benefit, when the Applicant seeks a similar direction, as his Appeal is yet not decided and is pending for adjudication before this Court. 4.

In the wake of the Application, we direct the Registrar, City Civil and Sessions Court, Mumbai to return the passport, which is retained by it bearing No.M-9339048, within a period of one week from today and upon obtaining the said passport, the Applicant shall apply for its renewal to the Passport Office, Mumbai and upon its renewal, within a period of two weeks, shall deposit the same with the Registrar, City Civil and Sessions Court, Mumbai within a period of one week thereafter.

5.

It is made clear that upon the passport being obtained till its surrender to the Registrar, City Civil and Sessions Court, Mumbai, the same shall not be put to use. 6.

Interim Application No.3155 of 2025 stands disposed of. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)