Citation : 2022 Latest Caselaw 12066 Bom
Judgement Date : 23 November, 2022
24-crwp3617-2022.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3617 OF 2022
Yakib Abdulagis XEC ... Petitioner
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr. Vishal M. Deshmukh for the petitioner.
Mr. A.R. Patil, APP for the respondent No.1/State.
CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 23, 2022 P.C.:
1. By the impugned order, the application for return of passport has been rejected. The learned advocate for the petitioner has placed reliance upon judgment of the Apex Court in the case of Suresh Nanda Vs. C.B.I., AIR 2008 SC 1414. In the facts of the said case, the Apex Court was considering the issue regarding seizure and impounding of passport in relation to the different offence.
2. In the facts of the present case, it is the case of prosecution that the passport which is subject matter of the present petition had been obtained on the basis of false information. While releasing the petitioner on bail, the Trial Court has imposed condition on the petitioner not to leave country without leave of the Court.
24-crwp3617-2022.doc
3. In that view of the matter, arguable questions are raised. Rule.
(AMIT BORKAR, J.)
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