1appln-2106-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2106 of 2009 (FOR CANCELLATION OF BAIL.) The State of Maharashtra Vs. Hasan Ali Khan Ghousudin Ali Khan Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr P. S. Hingorani, A.P.P. for the State. Mr I. A. Bagaria for Respondent No.1. CORAM:- A.R. JOSHI, J. DATE :- 6th AUGUST, 2010. P.C.:- 1. Heard rival submissions on this application for cancellation of regular bail granted by Ad hoc Additional Sessions Judge at Sevree, Mumbai dated 2.1.2009 in C.R.No.I-28/2008 registered with Worli Police Station, Mumbai. 2. Allegations against the respondent-accused, who has been granted bail, are that though he had earlier passports in his name, he 2appln-2106-09 obtained still more passports and in fact he had following passports given by different Passports Issuing Authorities. First one in the point of time is issued on 10-4-1997 by Patna Passports Office. Second one by Worli Passport Office issued on 7.9.1998. Still one more Passport was obtained by Respondent from the High Commission Office at London after the passport is issued by Worli office in the year 1998 was allegedly lost. Said passport issued by the High Commission on 10.9.2003. It appears that while obtaining such passports different residential addresses were given by the respondent and as such main allegations against the respondent are that he cheated the passport office for getting renewal of the passport through the High Commission Office at London by giving some fictitious address. 3. First Information Report in the present matter was lodged on 30.1.2008 by the officer of Worli passport office and present respondent surrendered on 23.12.2008 and was in custody till 2.1.2009 when the impugned order was passed by the Sessions Judge, Mumbai. 4. During the arguments, learned Advocate, Shri I. A. Bagaria, for the Respondent submitted that even as per the case of the prosecution passports are not forged documents and they are genuine passports 3appln-2106-09 issued by the respective authorized agencies, only the allegation against the respondent is that he gave fictitious addresses and obtained the renewed passport, which was shown as allegedly lost while he was out of India. The aspect as to the applicability or otherwise of the provisions of Sections 467, 468, 471 is also considered by the Sessions Judge, while dealing with the said application for bail. Considering the reasoning given in paragraphs 13 and 14 of the impugned order, in the opinion of this Court, it cannot be said that the order is of such a perverse nature so as to be undone and after the respondent is set at liberty from January, 2009, again he is to be taken in custody. 5. In this view of the matter, there is nothing to entertain the present application for cancellation of bail as there are no allegations against the respondent that presently he is not attending the dates or that he is absconding and not available for the trial. Hence, the present application is disposed of with following order. ORDER Application for cancellation of bail stands rejected. (A.R.JOSHI,J) LRS-PA 4appln-2106-09