Bombay High Court
Narendra Chotalal Patel vs The State Of Maharashtra And Anr on 31 October, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
Digitally
signed by
SHAGUFTA
2023:BHC-AS:33044-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 18-IA-1616-2023.doc
2023.11.01
19:15:02
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1616 OF 2023
IN
CRIMINAL APPEAL NO. 708 OF 2019
Narendra Chotalal Patel ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Waqar Pathan i/b Mr. Karl Rustomkhan for the Applicant
Mr. V. B. Konde Deshmukh, A.P.P for the Respondent No.1-State
Ms. Ameeta Kuttikrishnan for the Respondent No. 2-CBI (EOW)
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
TUESDAY, 31st OCTOBER 2023
P.C :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks renewal of his
passport, on such terms and conditions, as this Court may deem
fit.
SQ Pathan 1/6
18-IA-1616-2023.doc
3 Perused the application. The applicant, vide
judgment and order dated 30th April 2019 passed by learned
Special Judge (CBI), Greater Bombay, has been convicted for the
offences punishable under Sections 420, 467, 468, 471 r/w 120B
of the Indian Penal Code along with other co-accused and has
been sentenced to suffer imprisonment for life and to pay fine of
Rs. 5 Crores. Sentences have also been awarded for the other
offences and all sentences have been directed to run concurrently.
4 It appears that the applicant being aggrieved by the
judgment and order of his conviction and sentence, has filed
appeal being Appeal No. 708/2019. The said appeal was
admitted by this Court vide order dated 11 th June 2019. In the
said appeal, the applicant filed an interim application being
Criminal Application No. 759/2019 and sought suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of his appeal. This Court (Coram : B. P. Dharmadhikari
SQ Pathan 2/6
18-IA-1616-2023.doc
& Sandeep K. Shinde, JJ.) vide order dated 11 th June 2019
allowed the said application and suspended the applicant's
sentence and enlarged him on bail, on the following terms and
conditions :
"i) Applicant shall deposit with Trial Court amount of
Rs.1 Lakh provisionally towards fine;
ii) He shall surrender his passport to the U.O.I. and
undertake not to use it during pendency of this appeal;
iii) He shall execute personal bond in the sum of Rs.5
lakhs and shall also give an independent surety in the like
amount within a period of two weeks for his stay in India and
for prosecution of this appeal;
iv) He shall furnish address at which he shall always be
available during pendency of this appeal along with his
contact number/s. Similar details in relation to his surety shall
also be furnished;
v) He shall attend the office of Registrar/Superintendent
of Special Judge, CBI, Greater Bombay on first working
Monday after a gap of every two months regularly during
pendency of appeal.
vi) He shall also keep vakalatnama of his advocate filed in
this appeal alive during pendency thereof and shall not be
entitled to any separate notice for final hearing;
SQ Pathan 3/6
18-IA-1616-2023.doc
vii) Omission to adhere to any term of this order shall
entitle the respondent to take him in custody."
5 The said order dated 11 th June 2019 is at Exhibit `A'
at page 18 of the application. Appeal is admitted on 11 th June
2019.
6 Pursuant to the said order, the applicant has
surrendered his passport to the Central Bureau of Investigation,
Economic Offences Branch, Mumbai (`CBI, EOB'). Ms.
Kuttikrishnan does not dispute that the said passport is currently
in the custody of the CBI, EOB.
7 Learned counsel for the applicant submits that the
applicant holds a NRO account with HDFC Bank and since he
has received an email from the said Bank to update his passport
details for accessing his account without issues, the aforesaid
application has been filed by the applicant, for renewal of his
passport, as his earlier passport has expired.
SQ Pathan 4/6
18-IA-1616-2023.doc
8 Learned counsel for the applicant has tendered an
undertaking of the applicant dated 31 st October 2023 duly
affirmed before the Notary. The said undertaking is taken on
record and a copy thereof is served on Ms. Kuttikrishnan, learned
counsel appearing for the CBI. In the said undertaking, the
applicant has stated in paras 3 to 7 as under :
"3. I say that I have moved an interim application
before this Hon'ble Court for renewal of passport.
4. I say that I am a citizen of United States of America
having passport bearing no. 424630647 having validity
from 31ST MAY 2007 TO 30TH MAY 2017.
5. I say that as per order 11th June 2019 my son i.e.
Prashant Narendra Patel had submitted my earlier
passport with the office of Central Bureau of
Investigation, Mumbai on 24th July 2019.
6. I say that I require the fresh passport to update my
Know your customer (KYC) with my bank so that I have
smoothly access my savings which is helping me to survive
my daily expenses.
7. I say and undertake that I shall deposit my passport
after being freshly issued and updating the Know your
customer (KYC) of my bank with the office of Central
Bureau of Investigation, Mumbai."
SQ Pathan 5/6
18-IA-1616-2023.doc
9 As per clause 7, the applicant has undertaken to
deposit his passport freshly issued on the office of the CBI, EOB.
The said undertaking is accepted as an undertaking to this Court.
10 Accordingly, we allow the application and permit the
applicant to renew his passport. We direct the concerned
authority to renew the applicant's passport, as per the Passport
Act and the Rules, thereunder.
11 As and when the passport is renewed, the applicant is
directed to deposit the same with the CBI, EOB, Mumbai as per
clause 7 of his undertaking.
12 Application is allowed in the aforesaid terms and is
disposed of accordingly.
13 All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
SQ Pathan 6/6
