Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 342/N/2018
ORDER BELOW APPLICATION SEEKING PERMISSION/NO OBJECTION TO
ISSUE FRESH PASSPORT
1] This is an application filed by applicant/accused Saif Iqbal Shaikh
for seeking permission/no objection to issue fresh passport.
2] On the application say of respondent was called. The Senior Police
Inspector of Bandra police station has filed say and submitted that investigation
is in progress, chargesheet is yet to be filed. If permission granted to accused
he will be absconding and will not be available in the trial. Hence, opposed the
application. While Ld. APP filed say and submitted that the accused is arrested
u/s.141, 143, 145, 147, 149, 353, 332, 323, 504, 506(2) of the IPC. The
offences are nonbailable. If the application is granted there will be delay in
case, defeat of justice. Hence, prays for rejection of the application.
3] Perused the application, say of Investigating Officer and Ld. APP
and affidavit in support of application. Heard Ld. APP and advocate for
applicant/accused. I do not find that the progress of the case would hamper, if
the permission is given to the accused / applicant for getting the passport.
Therefore, concerning with the prayer of the applicant/accused about issuance
of passport is granted. Hence, the following order.
ORDER
a] The application is allowed.
b] The applicant/accused Saif Iqbal Shaikh is hereby given no
objection for applying to get the passport, the passport authority be considered
the application in accordance of law with direction to applicant that whenever
he travel abroad the permission be obtained from the court and intimation of
his traveling abroad be given to court.
Sd/
Mumbai
Date: 05/06/2018
*NKD
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai
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