1 appa.1098-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1098 OF 2011 IN CRIMINAL APPEAL NO. 340 OF 2011 V.N. Srivastava & Anr. ..Applicants. Vs. Central Bureau of Investigatin & Anr. ...Respondents. ----- Mr. Jadhawar i/b Mr. Rahul Arote, for the applicants. Mr. Mandar Goswami, for Respondent No.1. Mr. Rajesh More, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATED: OCTOBER 07, 2011. P.C.: 1. The petitioners are appellants in Appeal No.340 of 2011. They have been convicted by by the trial court for the offences punishable under Prevention of Corruption Act. Appellant no.1 is husband who was a public servant and appellant no.2 is his wife. Both of them have moved this court for return of their passports lying in custody of C.B.I. It is submitted that the passports have expired and that the petitioners needed to get them 2 appa.1098-2011.sxw renewed. It is further submitted that the daughter of the petitioners stays at Singapore. The petitioners intend to move this court for grant of permission to travel to Singapore to visit their daughter. It is, therefore, submitted by Mr. Jadhawar, the learned counsel for the petitioners that in the event they get permission from the court, their passports should be ready for the use. It is in these circumstances the petitioners want their passports to be renewed in advance. 2. Mr. Goswami, learned Advocate for C.B.I. has stated that the passports may not be handed over to the petitioners as C.B.I. apprehends that the petitioners may escape and may not be available for hearing of the present appeal. Learned Advocate for C.B.I. submits that this court may direct passports to be taken to the Passport Office by the petitioners accompanied by a C.B.I. officer. 3 The apprehension expressed by Advocate for C.B.I. may not be totally baseless. In the circumstances, I pass the following order: (i) The passports of the petitioners be returned to them by respondent no.1 (C.B.I.) for being presented presented before the Regional Passport Office, Mumbai for renewal. 3 appa.1098-2011.sxw (ii) Respondent no.1-C.B.I. is at liberty to depute one of their officers to accompany the petitioners when the passport are returned to them for being presented before the Regional Passport Office, Mumbai for renewal. (iii) As far as the dispatch of the passports after renewal is concerned, it is directed that the petitioners shall give their address at the care of Superintendent of Police, C.B.I., Tanna House, Colaba, Mumbai so that the passports are dispatched at the said address after renewal. This condition is put only with a view that the passports do not land in the hands of the petitioners directly. (iv) As soon as the passports are received, C.B.I. shall retain the same until further orders of this court and intimation thereof be given to this court accordingly. 4. Criminal Application No.1098 of 2011 stands disposed of accordingly. (M.L. TAHALIYANI, J.) 4 appa.1098-2011.sxw