911-IA-5264-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5264 OF 2024 IN CRIMINAL APPEAL NO. 811 OF 2017 Madhukar Raghunath Bhoir … Applicant/Appellant Versus The State of Maharashtra and another … Respondents ****** Mr. Sumit Patil, a/w Mr. Shivraj D., i/b Mr. Amit Icham for Applicant/Appellant. Ms. Sharmila S. Kaushik, APP for Respondent/State. Mr. D. P. Singh, for Respondent No. 2. ****** CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 18th SEPTEMBER 2026. PC: 1. Heard learned counsel for the Applicant (original appellant). 2. By the appeal, the appellant has challenged the judgment and order dated 25/07/2017 passed by the Court of Additional Sessions Judge, Kalyan, whereby the applicant has been convicted under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code (IPC) and Section 25(1) of the Arms Act. He has been sentenced to various periods of incarceration, including life imprisonment. The appeal is pending. Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.18 18:43:57 +0530 911-IA-5264-2024.doc 3. The present application is filed to seek appropriate directions to the Respondent No. 2, i.e., the Regional Passport Office, Thane for considering the application of the applicant for issuance of passport. 4. It is submitted that the application that was filed on behalf of the applicant was kept on hold in terms of a document at Exhibit B. Perusal of the same shows that the application was kept on hold in the light of the pending criminal appeal before this Court and the conviction of the applicant by the Sessions Court. 5. The learned counsel for the applicant submits that this Court may consider issuing appropriate directions to Respondent No. 2 for considering the application for issuance of passport and to issue such a passport to the applicant. Reliance is placed on an order dated 07/08/2023 passed by a Coordinate Division Bench of this Court in a similar application filed by a co- accused person, who is also convicted and sentenced like the applicant herein. It is submitted that by the said order, the application of the co- accused person was allowed and appropriate directions were issued to the Passport Authorities at Nashik, to issue passport to the said applicant for a period of five years. 6. The learned counsel appearing for Respondent No. 2 submits that in the absence of the applicant producing an order from the competent Court, Bhalerao 2 911-IA-5264-2024.doc the file pertaining to his application for issuance of passport was closed on 3rd October 2025 and intimation thereof was given to the applicant. It is submitted that even if this Court is to consider the application on the same lines as the application of the co-accused person, the applicant herein will have to submit a fresh application for issuance of passport. 7. It is brought to our notice that in terms of the judgment passed by a Division Bench of this Court in the case of Narendra K. Ambwani vs. Union of India and others 1 and similar orders passed by this Court, either a direction is issued for granting passport to such a convicted accused person for a specific period of time or direction is issued for issuance of passport under the Passport Act and Rules, meaning thereby that the passport is issued for the full term of 10 years. 8. We are of the opinion that since the Coordinate Division Bench of this Court issued direction for issuing passport to the co-accused convict for a limited period of five years, it would be appropriate to issue a similar direction in the present application. 9. In view of the above, the applicant is granted liberty to move a fresh application for issuance of passport before Respondent No. 2 - Regional Passport Office. The said application shall be considered and processed and passport shall be issued to the applicant for a period of five years. The 1 [(2014) SCC OnLine Bom 356] Bhalerao 3 911-IA-5264-2024.doc application is disposed of on above terms. 10. Needless to say, the applicant will have to ensure other compliances in accordance with the Passport Act and Rules. 11. Since the applicant has been released on bail, it is directed that if he intends to travel abroad, he shall specifically take prior permission of this Court. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 4