Final Order 1

Pdf Text: ORDER BELOW NOTICE NO.1693/N/18 OF VILEPARLE
POLICE STATION, IN CR NO.384/2017.
Baban Sakharam Ghadge ....... Applicant.
V/s
The state of Maharashtra Through
Vileparle Police station, Mumbai. ....... Respondent
O R D E R
(Dated 03/01/2019)
1. The application is filed by applicant/accused requested for
permission to go abroad i.e. Maleshia, china, Thailand & Africa from
25.12.2018 to 04.02.2019 for business meeting and also with prayer
that court may direct Regional Passport Authority to renew passport of
the applicant.
2. The Ld. APP & Investigating Officer filed the say and strongly
opposed the application.
3. Case is arising out of CR. No.384/2017. Right to move is the
fundamental right in our constitution. Therefore, there is no any strong
or serious reason to reject the application.
4. Passport Authority is competent, if the applicant is entitled to
take passport as per rule, then it is mandatory for that body to consider
the application of the applicant on merits, as court has no objection to
renew the passport within four corners of the law.
Considering peculiar facts and circumstances, mentioned in the
application, I proceed to pass following order in the interest of justice:
ORDER.
Application is allowed on following conditions :
1. The passport authority to consider the application of applicant for
renewal of passport.
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2. This court has no objection for such renewal (for the period
permissible by law ) as per rules made under Passport Act.
3. The applicant/ accused shall not go abroad without prior written
permission of the concern police station.
4. The applicant/accused shall abide by the undertaking mentioned in
the application.
5. The applicant/accused shall not misuse the said passport in any
manner.
6. In the said period, when accused will be available in India, he
shall attend the court.
7. Accused/applicant to execute bond of Rs.1,00,000/(Rs. One Lac
only) or cash security with undertaking that the same will remain
present before the Court whenever ordered so.
8. The accused/applicant is permitted to go abroad during the said
period, subject to undertaking that, concern Advocate will conduct case
without challenging identification.
9. The accused/applicant shall furnish the documents in respect of
local as well as permanent address of the same. Accused shall also
furnish the address of the place of his stay in abroad.
10. The accused shall submit before the court the true copies of his
Pass Port and the Visa.
11. The accused and the Ld counsel shall cooperate court for speedy
disposal of the case.
12. The accused shall send copy of this order immediately, to
concern police station by speed post for necessary information.
13. The above permission shall not be used by the accused/applicant
in any manner for any unlawful activity.
14. If accused violates above conditions, in that event, court reserves
the right to attach and sell his properties etc.
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15. The applicant/accused shall produce copy of this order in the
record of main case of concern crime.
Sd/
Dt. 03.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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