Bombay High Court
Abdul Matin Abdul Basit @ Abdul Mateen ... vs The State Of Maharashtra on 16 July, 2019
Bench: Indrajit Mahanty, A. M. Badar
903-APPA-1101-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1101 OF 2019
IN
CRIMINAL APPEAL NO.665 OF 2005
ABDUL MATIN ABDUL BASIT @ ABDUL )
MATEEN ABDUL BASIT )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mrs.Tahera Qureshi, Advocate for the Applicant.
Mrs.S.V.Sonawane, APP for the Respondent - State.
CORAM : INDRAJIT MAHANTY &
A. M. BADAR, JJ.
DATE: 16th JULY 2019
P.C. :
1 By this application, the applicant/acquitted accused is
seeking direction against the concerned Passport authority to issue
passport to him apart from other prayers regarding travel to Saudi
Arabia.
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903-APPA-1101-2019.doc
2 Heard the learned counsel appearing for the
applicant/acquitted accused as well as the learned APP appearing
for the State.
3 The applicant/acquitted accused was tried for offences
under the Prevention of Terrorism Act, 2002, as well as other
offences vide Special Case No.1 of 2003 and he came to be
acquitted vide order dated 11th June 2005 by the learned Special
Judge under Prevention of Terrorist Act for Mumbai. Appeal filed
by the State against the applicant/acquitted accused as well as
other acquitted accused persons is pending for hearing.
4 The applicant/acquitted accused desires to travel
abroad and for that purpose, he had moved an application to the
Passport authority. However, that application, it seems, is kept
pending for want of court's order.
5 Considering the fact that the applicant is already
acquitted by the learned Special Judge and the appeal filed by the
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State is pending for hearing before this court, we see no
impediment in granting Prayer (a) made in the instant
application, for the present. Therefore, the order :
ORDER
i) The application is allowed in terms of Prayer Clause (a) with a direction to the Regional Passport Authority to issue passport to the applicant/acquitted accused, as per the prevalent rules.
ii) Liberty is granted to the applicant/acquitted accused to move appropriate application for permission to travel abroad, if required.
iii) The application is accordingly disposed off.
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