1 cr-appa-694-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 694 OF 2010 IN CRI.APPEAL NO. 341 OF 2007 Mr. Arun Digambar Kulkarni ..Applicant [Ori.Accused] Vs. State of Maharashtra ..Respondent .... Mr. Dinesh S.Sehgal for Applicant Mr. J.P.Kharge APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 8, 2010 P.C.: 1 Heard the learned advocate for the applicant and the learned APP for the State. 2 The applicant has been convicted under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988. The appeal preferred by him is pending before this Court. Now, the applicant seeks 2 cr-appa-694-10 permission of this Court to apply for passport and he has prayed for `No Objection Certificate ‘ from this Court for issuance of passport. It is necessary for the applicant to approach this Court in view of the requirement under condition No.17(b) and (c) of the application for issuance of passport. The said conditions are as under: (b) Are any criminal proceedings pending against you before a court in India? If so, give name of court, case number and relevant sections of Law. (c) If answer at (b) is (Y)es, please furnish No Objection Certificate from competent court for grant of Passport. ” Clause 17(b) requires the applicant to state whether any criminal proceedings are pending against him in any court in India. The applicant is required to give name of the court, case number and relevant sections of law. Clause 17(c) states that if any criminal proceedings are pending, then the applicant has to furnish No Objection Certificate from the competent court for grant of passport. 3 Learned counsel for the applicant submitted that since the present appeal challenging the judgment and order dated 26.2.2007 of 3 cr-appa-694-10 Special Judge (Under Prevention of Corruption Act 1988) and Addl. Sessions Judge Gr. Bombay is pending in this Court, No Objection of this Court is required. 4 In this connection, it is necessary to refer to the relevant portion of Section 6(2) of the Passports Act, 1967 under which the passport authority can refuse to issue a passport to a person on the ground that proceedings in respect of an offence alleged to have been committed by him are pending before a Criminal Court in India. It reads thus: “6(2) Subject to other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any or more of the following grounds, and on no other grounds, namely; (a) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx (d) xxx xxx xxx (e) xxx xxx xxx (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India. 4 cr-appa-694-10 (g) xxx xxx xxx 5 The applicant is original accused in Special Case No. 13 of 2004. By judgment and order dated 26.2.2007 passed by the Special Judge for Gr. Bombay, he has been convicted for the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. The appeal preferred by him against the said conviction is pending in this Court. Hence, in view of clauses 17(b) and (c) of the application for renewal of passport, he has prayed for grant of No Objection from this Court. 6 The learned advocate for the applicant stated that this Court has in other cases granted “No Objection Certificate. ” In support of his contention, the learned counsel appearing for the applicant placed reliance on a decision reported in 1996 Mh.L.J. 2 Pg. 877 Deepak Dwarkasing Chhabria Vs. Union of India. 7 In view of the above, I see no impediment for granting the said prayer. No Objection Certificate is granted to the applicant for issuance of passport in his favour. The validity of the passport shall be 5 cr-appa-694-10 for five years. Though, no objection is granted for issuance of passport, it is made clear that the the applicant shall not leave India without prior permission of this Court. 8 Application allowed in above terms. [ SMT. V.K.TAHILRAMANI, J.]