1 appa-886-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 886 OF 2010 IN CRIMINAL APPEAL NO. 1301 OF 2003 Bharat Shantilal Shah Applicant vs The State of Maharashtra .... Respondent Ms.Chandana Salgaoncar-Radia for the Applicant. Mrs. P. P. Shinde, APP for the State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 27th July, 2010 P.C.: Heard Ms.Chandana Salgaoncar-Radia, the learned counsel for the applicant, who is the original accused no. 3 in MCOC Special Case No.4/2001. The said case resulted in conviction and sentence as per the order dated 01.10.2003 passed by the MCOC Court at Mumbai. The order of conviction and sentence is a subject matter of challenge in Criminal Appeal No.1301/2003 and his conviction has been stayed as per the order passed in Criminal Application No. 670/2004 in Criminal Appeal No.1301/2003. 2 His passport has expired on 20.07.2010 and the same is required to be renewed. He has submitted an application for renewal of the passport, but by the 2 appa-886-10.sxw communication dated 26.04.2010 he has been informed by the Assistant Passport Officer (Policy), Regional Passport Office, Mumbai that unless this Court permits him to travel abroad, the passed-port cannot be renewed during the pendency of the Appeal. 3 The State has filed affidavit in reply through Shri Ashok T. Duraphe, Assistant Commissioner of Police, D-1 (South), D.C.B., C.I.D., Mumbai and the State has opposed the request for renewal of passport on the ground that the applicant is likely to abscond, if he allowed to travel abroad. But admittedly during the pendency of the Appeal, the applicant has travelled on number of occasions overseas and there is no record to indicate that he did not return in time. The affidavit in reply by Shri Duraphe does not give any reasons as to why such an apprehension is expressed. 4 We, therefore, direct that the petitioner’s application for renewal of passport-post for one year be considered by the Regional Passport Office, Mumbai, notwithstanding the pendency of Criminal Appeal No.1301/2003. 5 Criminal Application No.886/2010 is disposed off accordingly. 6 Criminal Appeal No.1301/2003 be listed in the present final hearing board at appropriate place. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.)