- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1047 OF 2009 Rafique Abdul Malik ... Applicant vs 1.The State of Maharashtra & ors.. Respondents .. Mr.A.H.Ponda with Mr.Piyush Shah for Applicant Mr.R.F.Lambay for Respondent no.2 Ms S.V.Gajre APP for State CORAM: A.S.OKA, J DATED: 6th July, 2009 P.C.: 1. Heard learned counsel for the applicant and learned counsel appearing for the 2nd respondent. My attention has been invited to a Notification dated 25th August 1993 issued by the Central Government in exercise of the powers under the Passport Act, 1967. In view of the said Notification the application for grant of appropriate permission will have to be made by the applicant before the trial court especially when this Court has not imposed any condition in the order granting bail of the deposit of the passport with the Officer. A copy of the order dated 30th May 2005 passed by the learned Magistrate is tendered on record. The contention is that notwithstanding the said order, the passport has been permitted to be renewed only for one year. Nevertheless, - 2 - as per the Notification issued by the Central Government by exercising statutory powers an application will have to be made before the trial Court and the trial Court will have to consider such an application on its own merits. Subject to what is observed above, the Application is disposed of by keeping all contentions of the parties open. A.S.Oka, J - 3 - - 4 -