Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION OF ACCUSED/APPLICANT MOHD. ARIF
ASLAM KHAN IN C.C.NO. 146/N/2020 ARRISING OUT OF
C.C.NO.405/PW/2018 REGISTERED WITH SANTACRUZ POLICE
STATION FOR ISSUANCE OF FRESH PASSPORT
1. The present application is filed by the applicant/accused
Mohd. Arif Aslam Khan for permission for issuance of fresh passport.
The applicant/accused wishes to visit Saudhi Arabia to perform Umrah.
2. The I.O. objected the application.
3. The accused is praying for no objection for issuance of fresh
passport. There are two cases pending against the accused vide C. C. No.
405/PW/2018 and 1007/PW/2017. C.C. No. 1007/PW/2017 is fixed for
evidence. However, C. C. No. 405/PW/2018 is fixed for appearance of the
accused and framing of Charge. BW has been issued against the accused
in the said case. The accused assured regular presence before the court.
He is also ready to abide by the conditions that may be imposed. There is
no reason to reject the application for permission for issuance of fresh
passport. In view of assurance of the accused regarding regular
appearance before court, no objection may be given for obtaining fresh
passport taking into account the conditions mentioned in notification no.
GSR 570(E) dtd 25.08.1993 so as to secure regular presence of the
accused. In the result, the following order is passed :
ORDER
1. The application is allowed.
2. No objection is granted to the applicant / accused Mohd. Arif Aslam
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Khan for issuance of fresh passport for a period of 02 years, subject to
following conditions :
(i) The accused should not flee from the course of justice.
(ii) The accused should appear regularly before the court on the
date fixed for hearing of the case.
(iii) The accused must obtain prior permission of the court before
leaving India, during pendency of the case against him.
(iv) The applicant/accused to complete necessary formalities and
this permission shall not be deemed to be an alternative to
any rules or regulations or verification which the applicant/
accused is obliged to comply with.
3. Issue letter accordingly to the concerned authority.
4. In case of breach of above conditions permission will be treated as
withdrawn.
Metropolitan Magistrate,
Date: 31.10.2020 71st Court, Bandra, Mumbai.
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