Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI
Notice Case No. 433/N/2018
ORDER BELOW APPLICATION FOR SEEKING PERMISSION TO ISSUE NO
OBJECTION TO OBTAIN PASSPORT AND PERMISSION TO TRAVEL
ABROAD AT SAUDI ARAB
1] The present application is filed by applicant/accused Sikandar
Amir Ali Mulla in C.C. No.506/PW/2008 chargesheeted for the offences
u/s.379, 34 of the I.P.C.
2] It has submitted that the applicant was holding passport vide no.
H886441 which was expired on 15/11/2010 therefore he has sought
permission to issue fresh passport. The applicant further submitted that the
applicant intent to go for Haj Pilgrimage at Saudi Arab for the period from
20/07/2018 to 20/09/2018.
3] On the application say of respondent and Ld. APP was called. The
police of Bandra police station has filed say and submitted that if permission
granted to accused he will be absconding and will not be available in the trial.
Hence, opposed the application. The Ld. APP filed say and submitted that if the
applicant is allowed there will be delay in case and he may abscond. No contact
details given by the applicant. Hence, opposed the application.
4] Heard Ld. Advocate for applicant and Ld. APP for State.
5] Perused the application, say and documents filed on record by the
applicant. By this application, the accused has prayed for passing suitable order
enabling for renewal of passport as well as to travel abroad. At this juncture, I
am not inclined to grant permission to applicant to travel abroad. The prayer of
applicant to travel abroad will be considered after renewal of passport and after
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filing the details for travel to abroad. The accused shall give undertaking that
he will not misuse the liberty granted to him. By allowing the application no
any harm or any progress of case would hamper. Therefore, concerning with
the prayer of the applicant/accused about renewal of passport is granted.
Hence, the following order.
ORDER
a] The application is partly allowed.
b] The accused Sikandar Amir Ali Mulla is granted permission to seek
renewal of the passport for period of 1 (One) year, the passport authority be
considered the prayer for renewal in accordance of law. The applicant is hereby
directed 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 : 30/06/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai
*NKD
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