Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION NO. 839/N/2019 ARISING OUT OF
C.C.NO.197/SW/14
1. The present application is filed by the applicant/accused
Jerome Rodrigues for permission of renewal of passport bearing No.
V319085.
2. The notice was issued to the complainant. The report shows
that it was served. The complainant did not appear. It seems that he has
no objection to grant the prayer of applicant/accused.
3. The accused is praying for no objection for renewal of
passport. He 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 renewal of passport. The accused
relied on Narendra Ambwani V/s. UOI WP No. 361/2014 to submit that
passport has to be renewed for the period of 10 years. However, from the
guidelines mentioned in it, it does not appear that the period of renewal is
10 years by defaults. It is also observed that in view of notification no.
GSR570(E) dtd 25.08.1993, passport may be renewed for lesser period.
However, present case is a private case filed u/s. 500 of IPC. It is
submitted that the daughter of the accused is to be married at
Newzealand. Thus, considering all these circumstances, it will be proper
to grant noobjection for renewal of passport for period of 10 years. Hence
following order is passed :
ORDER
1. The application is allowed.
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2. No objection is granted to the applicant / accused Jerome
Rodrigues for renewal passport for a period of 10 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as withdrawn.
5. Case papers be attached to C.C.NO.197/SW/2014
Sd/
Metropolitan Magistrate,
Date:02.01.2020 71st Court, Bandra, Mumbai.
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