Bombay High Court
The State Of Maharashtra vs Iqbal Hassan Ibrahim Kaskar And @ ... on 20 November, 2019
Author: N. J. Jamadar
Bench: S. S. Shinde, N. J. Jamadar
1/4 902-IA-1-2019 In APPEAL-648-07+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1 OF 2019
IN
CRIMINAL APPEAL NO. 648 OF 2007
Abdul Rehman Abdul Gafoor Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL APPEAL NO. 639 OF 2007
Tareek Abdul Kareen Parvin @ Tariq
Parveen ...Appellant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL APPEAL NO. 616 OF 2007
Abdul Sattar Haji Jivabhai @
Radhanpura @ Sattar Tel ...Appellant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL APPEAL NO. 779 OF 2007
The State of Maharashtra ...Appellant
Versus
Iqbal Hasan Ibrahim Kaskar And
@ Arabsaab ...Respondent
...
Bhagyawant
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2/4 902-IA-1-2019 In APPEAL-648-07+.doc
Mr. Rahul Arote, for Applicant in IA No. 1 of 2019 and In Appeal No. 648 of
2007.
Mrs. M.M. Deshmukh, APP for Respondent - State.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 20th NOVEMBER 2019 PER COURT :
1. Heard learned counsel appearing for the Applicant and learned APP for the State.
2. This application has been filed by the Applicant with a prayer that, the passport of the Applicant bearing No. M9339048 which is presently in the custody of the Registrar of the Sessions Court, Greater Mumbai, be delivered to the Applicant so that, the Applicant can travel to Mecca and Madina in Saudi Arabia.
3. It is an admitted fact that this Court [Coram: A.M. Khanwilkar, J.] by order dated 10th April 2018 in Criminal Application No. 208 of 2008 granted permission to the Applicant to go to very same place for a period of 30 days to perform Umrah. After visiting the said place, the Applicant has returned back. Now, the Applicant is again seeking permission to go to Mecca for performing Hajj Pilgrimage.
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4. Looking to the fact that earlier also, the Applicant was permitted to go to Mecca and Madina and he returned back, we are inclined to give permission to the Applicant to go to Mecca and Madina from 1 st December 2019 to 31st December 2019 on the Applicant furnishing an undertaking to this Court within one week from today. The undertaking should be to the following effect:-
i. At the time of taking passport from the Registrar, City Civil & Sessions Court, Greater Bombay, the Applicant shall deposit an amount of Rs. 1,00,000/- [Rs. One Lakh Only] with the Registrar, City Civil & Sessions Court, Greater Bombay. On returning back from Saudi Arabia, the Applicant shall handover his passport within a period of one week to the Registrar, City Civil & Sessions Court, Greater Bombay. On the passport being returned, the amount of Rs. 1,00,000/- be returned back to the Applicant. In case, if undertaking is violated the amount will be forfeited. ii. Before proceeding to Mecca and Madina, the Applicant will inform the investigating agency the address at which he will reside in Mecca and Madina and contact Bhagyawant ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 20:54:19 ::: 4/4 902-IA-1-2019 In APPEAL-648-07+.doc number on which he can be contacted in Mecca and Madina. iii. On returning back to India, he will redeposit the passport with the Sessions Court.
iv. In addition, the learned counsel for the Applicant stated that, the Applicant will travel alone to Mecca and Madina and not with any of his family members. This statement will also be incorporated in the undertaking.
5. In view of above the application is allowed to the aforesaid extent, and stands disposed of accordingly.
(N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant
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