Bombay High Court
Manohar Yashwant Kadam vs The State Of Maharashtra And Anr on 9 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 31-IA-1422-2022.doc
2022.06.10
17:55:30
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1422 OF 2022
IN
CRIMINAL APPEAL NO. 441 OF 2009
Manohar Yashwant Kadam ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
WITH
CRIMINAL APPEAL NO. 441 OF 2009
Manohar Yashwant Kadam ...applicant
Versus
The State of Maharashtra ...Respondent
Mr. Priyal G. Sarda for the Applicant
Mrs. Veera Shinde, A.P.P for the Respondent No.1-State
Mr. D. P. Singh for the Respondent No. 2
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
THURSDAY, 9th JUNE 2022
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks permission to apply for
issuance of passport in his name, as the applicant intends to travel abroad
i.e. Dubai. The applicant also seeks permission to travel to Dubai.
SQ Pathan 1/3
31-IA-1422-2022.doc
3 Perused the papers. The applicant was convicted for the
offence punishable under section 304-I of the Indian Penal Code and was
sentenced to suffer imprisonment for life. Being aggrieved by the said
judgment and order of conviction and sentence passed by the trial Court,
the applicant filed the aforesaid appeal in this Court. This Court vide order
dated 22nd May 2009 was pleased to suspend the sentence of the applicant
and was pleased to enlarge the applicant on bail on certain terms and
conditions. It appears from the record that subsequently, pending the
aforesaid appeal, the applicant was permitted to apply for passport vide
order dated 23rd December 2014, as the applicant intended to travel to
Dubai.
4 Learned counsel for the applicant submits that there are no
restrictions imposed by this Court whilst suspending applicant's sentence
and enlarging him on bail. He further submits that the passport authorities
be directed to issue a passport for a period of 5 years to the applicant. He
further assures this Court that whenever the applicant intends to travel
abroad, the applicant will file an appropriate affidavit-cum-undertaking
before the Registrar (Judicial-I), giving the details of his itinerary, the place
SQ Pathan 2/3
31-IA-1422-2022.doc
where he will be residing, the contact numbers and his date of return. He
states that the said affidavit will be filed before the concerned authority
every time the applicant travels abroad. Statement accepted.
5 Considering the aforesaid, we allow the application and direct
the Passport Authority to issue a passport to the applicant for a period of 5
years, in accordance with the Passport Act and the Rules thereunder.
6 The applicant to file an affidavit before the Registrar
(Judicial-I) every time he leaves the country, giving his itinerary details as
well as contact details, where he proposes to reside, contact numbers and
his date of return.
7 Application is accordingly disposed of on the aforesaid terms.
8 All concerned to act on the authenticated copy of this order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
SQ Pathan 3/3
