Pandurang Mansingh Gunjwate vs The State Of Maharashtra And Anr
2024 Latest Caselaw 23966 Bom

Bombay High Court

Pandurang Mansingh Gunjwate vs The State Of Maharashtra And Anr on 14 August, 2024

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

2024:BHC-AS:33220



                                                          1/3         17-IA-1731-24-IN-APEAL-678-16.odt

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.1731 OF 2024
                                                            IN
                                              CRIMINAL APPEAL NO.678 OF 2016

                             Pandurang Mansingh Gunjwate                        .... Applicant

                                           versus

                             The State of Maharashtra & Anr.                    .... Respondents
                                                          .......

                             •     Mr. Abhijit B. Kadam, Advocate for Applicant.
                             •     Mr. Prashant P. Jadhav, APP for the State/Respondent.
                             •     Mr. Sandesh D. Patil, Advocate for Respondent No.2/UOI.
                             •     Mr. Swapnil R. Chopade i/b. H.P. Giri, Advocate for original
                                   complainant.

                                                        CORAM   : SARANG V. KOTWAL, J.

                                                        DATE    : 14th AUGUST, 2024

                             P.C. :

1. The Applicant was convicted by the Additional Sessions

Judge, Satara, vide the Judgment and Order dated 30/09/2016,

in Special Case No.16 of 2014, u/s 354-B of the Indian Penal

Code. He was sentenced to suffer rigorous imprisonment for 3

years and to pay a fine of Rs.5,000/- and in default of payment Digitally signed by MANUSHREE MANUSHREE NESARIKAR NESARIKAR Date:

2024.08.20 11:06:43 of fine to suffer further rigorous imprisonment for three months. +0530

Nesarikar

2/3 17-IA-1731-24-IN-APEAL-678-16.odt

2. Heard Mr. Abhijit B. Kadam, learned counsel for the

Applicant, Mr. Sandesh D. Patil, learned counsel for the

Respondent No.2/UOI, Mr. Swapnil R. Chopade, learned counsel

for the original complainant. and Mr. Prashant P. Jadhav, learned

APP for the State.

3. The Applicant has challenged that order by filing

Appeal No.678 of 2016. It was admitted on 20/10/2016. He was

granted bail on the same day, pending his Appeal. The Appeal

has not reached the final hearing stage.

4. Learned counsel for the Applicant submitted that he

wants to visit Dubai to meet his niece, who is at present in

Dubai. Therefore, he needs his passport.

5. The Appeal is not likely to be decided within a

reasonable period. Therefore, he seeks directions from this Court

to the Respondent No.2, who is the passport authority, to

consider the Applicant's application for the grant of passport.

3/3 17-IA-1731-24-IN-APEAL-678-16.odt

6. Learned counsel for the Respondent No.2 submits to

the order of the Court.

7. Learned APP opposed these submissions.

8. I have considered these submissions. The Appeal is

admitted in the year 2016. It is not likely to be decided within a

reasonable short period. Therefore, the Applicant cannot be

deprived of an opportunity to travel abroad. Hence, I am

inclined to allow this application.

9. The Applicant is permitted to make an application for

issuance of passport for a period of three years.

10. Once the passport is issued, the Applicant shall file

application before this Court for permission to travel abroad.

11. With these observations, the application is disposed of.

(SARANG V. KOTWAL, J.)