Anand Madhav Ashtaputre vs The State Of Maharashtra
2022 Latest Caselaw 10825 Bom

                                                       1/2                        19-IA-3100-22.odt

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.3100 OF 2022
                                                           IN
                                           CRIMINAL APPLICATION NO.535 OF 2018
                                                           IN
                                             CRIMINAL APPEAL NO.374 OF 2018

                           Anand Madhav Ashtapure                           .... Applicant
                                      versus
                           State of Maharashtra & Anr.                      .... Respondents
                                                             .......

                           •       Mr. Rahul Arote, Advocate for Applicant.
                           •       Smt. M. R. Tidke, APP for the State/Respondent No.1.
                           •       Mr. D. P. Singh, Advocate for Respondent No.2.

                                                     CORAM      : SARANG V. KOTWAL, J.

                                                     DATE       : 17th OCTOBER, 2022

                           P.C. :

1. This is application for granting no objection to the

Applicant for issuance of fresh passport. The Applicant was

convicted by the Additional Sessions Judge-1, Thane, Vide

Judgment and Order dated 22/02/2018 passed in Sessions Case

No.129 of 1999 for commission of offence punishable u/s 304-II Digitally

r/w 109 of the Indian Penal Code and was sentenced to suffer signed by MANUSHREE MANUSHREE V V NESARIKAR NESARIKAR Date:

2022.10.19 11:11:49

rigorous imprisonment for 3 years. The Appellant has preferred +0530

Nesarikar 2/2 19-IA-3100-22.odt

Criminal Appeal No.374 of 2018. The Appeal is admitted vide

order dated 03/04/2018. Since then the Appeal is pending. The

Appeal is not likely to be decided within a reasonably short

period. The Applicant is desirous of obtaining passport, but for

that he requires permission from this Court. Learned counsel for

the Respondent No.2 has no objection if such permission is

granted for a period of three years.

2. Considering this no objection given by the learned

counsel for Respondent No.2 and also taking into account the

fact that the incident in question had taken place in the year

1998, the period from the incident is quite long and the Appeal

is not likely to be decided within a short period, the application

deserves to be allowed. The Applicant is permitted to have his

passport for a period of three years from the date of issuance of

the passport.

3. With these observations the application is disposed of.

(SARANG V. KOTWAL, J.)