Bombay High Court
Sukhdeo Bhaurao Ohol vs Regional Passport Office Pune And Ors on 31 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
SHAGUFTA
2024:BHC-AS:4904-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 26-WP-ST-1080-2024.doc
2024.02.01
17:24:29
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO. 1080 OF 2024
Sukhdeo Bhaurao Ohol ... Petitioner
Versus
Regional Passport Office, Pune & Ors. ... Respondents
Mr. Omkar Nagwekar for the Petitioner
Ms. Neha Patil for the Respondent Nos.1 and 2
Ms. P. P. Shinde, A.P.P for the Respondent No.3-State
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
WEDNESDAY, 31st JANUARY 2024
P.C :
1 At the outset, learned counsel for the petitioner seeks
leave to amend. Leave granted. Amendment be carried out
during the course of the day.
2 By this petition, the petitioner seeks a direction to the
respondent No.1-Regional Passport Office, Pune, to renew the
26-WP-ST-1080-2024.doc
petitioner's passport (Application Form No. 23-0022416428) for
a period of ten years.
3 Perused the papers. The petitioner, a retired police
officer was arraigned as an accused in a case registered vide C.R.
No. II-59/2003 with the Mira Road Police Station for the
offences punishable under Sections 7, 12, 13(1), 13(2) of the
Prevention of Corruption At. After investigation, charge-sheet
was filed in the said case and after a full-fledged trial, the
petitioner was convicted for the said offences.
4 Being aggrieved by the said judgment and order of
conviction and sentence, the petitioner preferred an appeal in this
Court being Criminal Appeal No. 521/2011. This Court
admitted the appeal and suspended the petitioner's sentence and
enlarged him on bail, pending the hearing and final disposal of his
aforesaid appeal.
26-WP-ST-1080-2024.doc
5 Admittedly, the appeal is pending for final hearing
since 2011. It also appears that the petitioner's passport expired
on 16th December 2018, pursuant to which, the petitioner applied
for renewal of the same before the respondent No.1.
6 It appears that while filing application seeking
renewal of the passport, the petitioner had not disclosed
regarding his conviction and pendency of the appeal to the
Passport Authority. Accordingly, the respondent No.1 vide letter
dated 27th December 2022 informed the petitioner that a court
case was pending, pursuant to which the petitioner's file came to
be closed. Liberty was, however, granted to the petitioner to
apply afresh.
7 It appears that pursuant thereto, the petitioner again
applied for renewal of his passport on 14 th December 2023.
While filing the fresh application, we are informed that the
26-WP-ST-1080-2024.doc
petitioner has disclosed the details of the case in the said
application. Learned counsel for the petitioner submits that the
respondent No. 1 has orally asked the petitioner to take
appropriate permission for renewal of his passport from the
concerned Court.
8 It is not in dispute that the petitioner's appeal against
conviction is pending in this Court and that his sentence is
suspended and he is released on bail pending his appeal. The
appeal is not likely to come up for hearing in the immediate near
future.
9 Considering the aforesaid, the application is allowed.
Accordingly, we direct the respondent No. 1 i.e. Regional
Passport Office, Pune, to renew the passport of the petitioner for
a period of ten years, in accordance with the Passport Act and
Rules thereunder.
26-WP-ST-1080-2024.doc
10 Petition is allowed in the aforesaid terms and is
accordingly disposed of.
11 Needless to state, that the petitioner shall take
permission of this Court before travelling abroad.
12 All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
