Cri.Appln.300/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.300/2011 IN CRIMINAL APPLICATION NO.14/2009 IN CRIMINAL APPEAL NO.593/2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Sharmila Kaushik for applicant Mr.J.P.Kharge,APP for State Mr.S.k.Shinde,Adv.for UOI CORAM-MRS.MRIDULA BHATKAR,J. DATE - 1st April,2011. ( In Chamber ) P.C. This is an application for modification of order dated 7/10/2009 filed by the accused . The accused is a foreign national . As per the said order his passport is to be retained by the N.C.B.. However, it is submitted that the NCB has given report that they did not seize the passport when the accused was arrested on 10/11/2001. The accused has lost his passport on Cri.Appln.300/2011 2 7/11/2001 and therefore, it is prayed that condition of retention of the passport is to be relaxed. It is further submitted that the accused is convicted for 10 years and period of sentence will get over soon. It is submitted that he has complied all the other terms and conditions mentioned in the bail order. Only for this condition he could not avail of bail. Learned counsel appearing for the Union of India points out that the accused has made statement before the N.C.B. that on 7/11/2001 i.e.three days prior to his arrest he lost his passport. He being a foreign national it was natural and obvious for him to lodge complaint with police about the loss of his passport. However, no such steps were taken by the accused and therefore, his statement about loss of passport does not appear true. Condition of retention of passport Cri.Appln.300/2011 3 is imposed with a view to assure the presence of the accused during the appeal period. Though it is true that he may complete full terms of his sentence, in view of the statement made by learned counsel for Union of India I am not inclined to relax the condition. The application is accordingly rejected. (MRS.MRIDULA BHATKAR,J.)