Bombay High Court
Abdul Samad Wali Mohammed Hingora vs The Central Bereau Of Investigation ... on 9 October, 2018
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
901 APPR 231-15=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 231 OF 2015
IN
CRIMINAL REVISION APPLICATION NO. 416 OF 2010
Abdul Samad Wali Mohammed
Hingora ... Applicant
V/s.
The Central Bureau of Investigation
Mumbai and Anr. ... Respondents
CRIMINAL APPLICATION NO. 230 OF 2015
IN
CRIMINAL REVISION APPLICATIONNO. 427 OF 2010
Afzal Dawood Darvesh ... Applicant
V/s.
The Central Bureau of Investigation
Mumbai and Anr. ... Respondents
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Mr. Ayaz Khan for the Applicants.
Mr. H.S. Venegaonkar for CBI/ Respondent No.1.
Mrs. Rutuja Ambekar for State/Respondent No.2.
CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 9th OCTOBER, 2018 P.C.: . By these two applications, two accused persons who are convicted for the
offence punishable under Section 3(1)(c) of the Official Secretes Act, 1923 and sentenced to suffer R.I. for 7 years by the Judgment and Order dated 28.05.2009 Sneha Chavan 1/3 ::: Uploaded on - 10/10/2018 ::: Downloaded on - 11/10/2018 01:33:21 ::: 901 APPR 231-15=.doc by the Chief Judicial Magistrate, Pune have moved the application for releasing their passports for renewal or issuance of the fresh passports. 2 Applicant/Accused Afzal Dawood Darvesh is having passport bearing No. 890483 and Applicant/Accused Abdul Samad Wali Mohammed Hingora is having passport bearing No. A-618541.
3 Learned Counsel for the Applicants submits that both the passports are expired and therefore, the Applicants need to get the new passports or the passports to be renewed.
4 Learned Counsel Mr. Venegaonkar for Respondent while opposing these applications submits that these passports not to be handed over to the Applicants, but CBI will produce the passports for renewal or for getting the fresh passports directly in the passport office.
5 In view of the submissions made before the Court, following order is passed:
i) The applications for renewal or for obtaining the fresh passports are hereby allowed. However, the prayer of release of passports or handing over the passports to the Applicants/Accused is refused.
ii) The Trial Court is directed to handover the passports to CBI for the purpose of obtaining the fresh passports/renewal of the passport.
iii) CBI is directed to co-operate and do the needful to get fresh passports from the passport office for the Applicants/Accused. Sneha Chavan 2/3 ::: Uploaded on - 10/10/2018 ::: Downloaded on - 11/10/2018 01:33:21 :::
901 APPR 231-15=.doc
iv) Passport officer after issuance of fresh passports or renewal of the passports shall handover these passports to CBI.
v) CBI after obtaining the fresh passport shall deposit those new passports with the Trial Court.
6 Both applications are disposed of.
(MRIDULA BHATKAR, J.) Sneha Chavan 3/3 ::: Uploaded on - 10/10/2018 ::: Downloaded on - 11/10/2018 01:33:21 :::