Bombay High Court
Prashant @ Parsram Shirshail Tuppe vs The State Of Maharashtra And Ors on 12 August, 2024
Author: Prithviraj K. Chavan
Bench: Revati Mohite Dere, Prithviraj K. Chavan
2024:BHC-AS:33698-DB
41-9873-2024-WPst=.doc
Digitally
signed by
UDAY UDAY
SHIVAJI Uday S. Jagtap
SHIVAJI JAGTAP
Date:
JAGTAP 2024.08.22
18:12:18
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST.) NO. 9873 OF 2024
Prashant @ Parsram Shirshail Tuppe .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
....
Mr. Narayan G. Rokade a/w Mr. Rakesh Sonar, Mr. Udaysinh
Deshmukh, Ms. Pratibha Pawar, Mr. Abhang Suryawanshi and
Mr. Somnath Ugalmugale for the petitioner
Mrs. P.P .Shinde, APP for the respondent - State
Mr. S.K. Halwasia, Addl. P.P. for the respondent nos. 2 and 3
Mr. S.V. Burje, Mandrup Police Station, Solapur present
....
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, J.J.
DATE : 12th AUGUST, 2024.
P.C.
1. Heard learned Counsel for the parties.
2. By this petition, the petitioner seeks a direction to the
respondent No.3 - Regional Passport Officer, Bandra (E),
Mumbai to issue a passport to the petitioner.
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3. Perused the papers. The petitioner was arraigned as an
accused in connection with C.R. No. 110 of 2015 registered
with the Mandrup Police Station, Solapur for offences
punishable under the Indian Penal Code; under the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
and, under the Protection of Children from Sexual Offences Act,
2012 (for short 'POCSO Act').
4. After a full fledged trial, the applicant alongwith another
co-accused was convicted by the learned District Judge-3 &
Special Judge, Solapur in Special Case No. 53 of 2015 for the
offences with which the applicant was charged i.e. offences
punishable under the Indian Penal Code and under the POCSO
Act. The applicant, was however, acquitted of the offence
punishable under the SC/ST Act. For the offence punishable
under the POCSO Act, the applicant was sentenced to suffer
imprisonment for 7 years and to pay a fine. Separate sentences
were awarded for the other offences.
5. Being aggrieved by the said judgment and order of
conviction and sentence, the applicant filed the aforesaid
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Criminal Appeal No. 1296 of 2022. The said appeal has been
admitted by the learned Single Judge of this Court vide order
dated 13th January 2023. In the said appeal, the applicant filed
an Interim Application seeking suspension of his sentence and
enlargement on bail, pending the hearing and final disposal of
his appeal. This Court (Coram : S.V. Kotwal, J.) vide order
dated 1st March 2023 suspended the applicant's sentence and
enlarged him on bail, pending the hearing and final disposal of
his aforesaid appeal. The said order is at 'Exh.B' at page 36 of
the petition.
6. By this petition, the petitioner seeks a direction to the
respondent no.2 for issuance of a fresh passport. It appears that
the petitioner's application seeking issuance of a fresh passport is
pending before the respondent no.2 - Regional Passport Office,
Mumbai. Learned Counsel for the petitioner, during the course
of his arguments, relied on the order passed by the Apex Court
in Vangala Kasturi Rangacharyulu Vs. Central Bureau of
Investigation, 2021 SCC Online SC 3549 . Whereas, the learned
Counsel for the respondent nos. 2 and 3 opposed the petition.
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Learned Counsel relied on clause (e) of Section 6(2) of the
Passports Act, 1967.
7. The Apex Court in Vangala Kasturi Rangacharyulu (supra)
had directed the Passport Authority to renew the passport of the
applicant without raising the objection relating to the pendency
of the criminal appeal in the Apex Court. The Apex Court
observed that the passport authority cannot refuse the renewal of
the passport on the ground of pendency of the criminal appeal.
In the case before the Apex Court, the applicant therein had
been convicted by the trial Court and his conviction and
sentence was confirmed by the High Court and the Appeal was
pending before the Apex Court. As noted above, the applicant
herein's appeal is pending before this Court and his sentence has
been suspended. The appeal is of the year 2023 and is not
likely to be heard in the immediate near future, considering that
the petitioner has been released on bail pending the final
disposal of his appeal.
8. Considering the aforesaid, we deem it appropriate to
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direct the respondent no.2 - Regional Passport Officer, Bandra
(E), Mumbai to issue a passport to the petitioner for a period of
five years, in accordance with the provisions of the Passports Act,
1967 and the Rules thereunder.
9. The petition is allowed and disposed of in the aforesaid
terms.
10. All parties to act on the authenticated copy of this order.
(PRITHVIRAJ K. CHAVAN, J.) (REVATI MOHITE DERE, J.)
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