Bombay High Court
Hasib Zubeir Mulla vs The State Of Maharashtra on 27 June, 2019
Bench: Indrajit Mahanty, A.M.Badar
(3)APPANo.9792019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.979 OF 2019
IN
CRIMINAL APPEAL NO.303 OF 2016
Mr.Hasib Zubeir Mulla ... Applicant
V/s.
The State of Maharashtra ... Respondent
WITH
CRIMINAL APPEAL NO.341 OF 2016
Gulab Akbar Abddul Sattar Khotal ... Appellant
V/s.
The State of Maharashtra ... Respondent
.....
Ms.Tahera Abdul Rashid Qureshi, Advocate for the
Applicant/Appellant.
Ms.Rohini Salian, Special PP with Mrs.M.M.Deshmukh, APP for
the Respondent/State.
....
CORAM : INDRAJIT MAHANTY &
A.M.BADAR JJ.
DATED : 27st JUNE 2019.
P.C. :
1 This is an application by the applicant/convict accused
for permitting him to obtain passport and for allowing him to
travel to Saudi Arabia to perform Umrah for the period of 20 days
in the month of September to October 2019.
Gaikwad RD 1/3
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(3)APPANo.9792019.doc
2 Heard the learned Counsel appearing for the
applicant/convicted accused. She argued that the
applicant/convicted accused has already been released on bail by
this Court after his conviction under Section 4(a) of the Prevention
of Terrorist Act, 2002, Sections 3 and 7 read with Section 25(1-A)
and Sections 3 and 7 read with Section 25(1-A)(a) of the Arms
Act, 1959 etc. It is further submitted that the applicant/convicted
accused has abide by the terms and conditions imposed on him
vide Order dated 3rd August 2016 by this Court while releasing
him on bail and now he wants to attend religious pilgrimage of
holy place of Mecca and Madena in Saudi Arabia to perform
religious obligation and prayer.
3 The learned Special Prosecutor fairly submitted that
the prosecution has no objection for grant of this application as
other similarly convicted accused/appellants are granted such
relief by this Court.
4 In this view of the matter, the following Order :
ORDER
(i) The applicant/convicted accused is permitted to have the passport issued as per Rules and Regulations for the said purpose by the Regional Passport Authority.
(ii) Similarly, he is permitted to travel to Saudi Arabia to Gaikwad RD 2/3 ::: Uploaded on - 28/06/2019 ::: Downloaded on - 29/06/2019 00:54:42 ::: (3)APPANo.9792019.doc perform Umrah for the period of 20 days in the month of September-October 2019.
(iii) The applicant/convicted accused shall submit his tour itinerary to the prosecuting agency and shall strictly abide by the same.
(iv) The applicant/convicted accused shall inform his contact number to the prosecuting agency.
(v) He shall submit photo copy of the passport to the prosecuting agency before leaving for foreign country and on return he shall deposit the passport in terms of Order of this Court dated 3rd August 2016.
(vi) The application is accordingly disposed of.
(vii) Needless to mention that the terms and conditions imposed vide Order dated 3rd August 2016, releasing the applicant/convicted accused shall stand suspended during the period of pilgrimage.
(A.M.BADAR, J.) (INDRAJIT MAHANTY, J.) Gaikwad RD 3/3 ::: Uploaded on - 28/06/2019 ::: Downloaded on - 29/06/2019 00:54:42 :::