1 of 4 18-IA-700-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 700 OF 2026 IN CRIMINAL APPEAL NO. 665 OF 2005 Abdul Matin Abdul Basit. … Applicants Versus The State Of Maharashtra And Anr. ... Respondents __________ Ms. Tahera Qureshi i/by Mr. Mubin Solkar for Applicants. Ms. Gauri Rao, learned APP for Respondent No. 1-State. Ms. Supriya Kak, SPP for Respondent No. 2-UOI. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 30 SEPTEMBER 2026 PC : 1) This is an application for directions to Respondent No. 2 – Union of India, through the Regional Passport Authority, to issue a fresh passport to the Applicant with validity for a period of 10 years. 2) Heard Ms. Tahera Qureshi, learned counsel for the Applicant, Ms. Gauri Rao, learned APP for Respondent No. 1, and Ms. Supriya Kak, learned SPP for Respondent No. 2. 3) The Applicant was the original Accused No. 1 in POTA SAGAR MAGAR 2 of 4 18-IA-700-2026 Special Case No. 1 of 2003 before the learned Special Judge under POTA, 2002, Mumbai. At the conclusion of the trial, the Applicant and his co-accused were acquitted vide Judgment and Order dated 11th June 2005. 4) The State of Maharashtra has filed an appeal against the acquittal vide Criminal Appeal No. 665 of 2005. The Appeal was admitted by the Order dated 25th July 2005 and, since then, the Appeal is pending. 5) In the past, the Applicant has preferred different applications for similar reliefs. The first application was Criminal Application No. 1101 of 2019 in Criminal Appeal No. 665 of 2005. The Division Bench of this Court, vide Order dated 16th July 2019, allowed the Application and directed the Regional Passport Authority to issue the passport to the Applicant as per the prevalent rules. Thereafter, on the second occasion, the Applicant preferred Criminal Interim Application No. 2858 of 2021 in Criminal Appeal No. 665 of 2005. It was decided vide Order dated 4th December 2021 and the Passport Authority was directed to issue a fresh passport to the Applicant till the end of the year 2023. Accordingly, the passport was issued and it expired in the year 2023. Since then, the Applicant does not have a 3 of 4 18-IA-700-2026 passport. 6) Learned Counsel for the Applicant submitted that the Applicant is a Doctor by profession and is acquitted of all the charges. The appeal against the acquittal is admitted, but it has been pending since the year 2005. More than 20 years have passed and there are no other offences registered against the Applicant. He needs to travel abroad for religious purposes and for attending conferences and, therefore, it is essential that he has a passport. She submitted that the prayer is made for issuance of a passport for 10 years because it is becoming difficult and inconvenient to apply before this Court for permission and directions to issue a passport periodically. 7) Learned APP and SPP for the Respondents submitted that similar orders were passed in the petition in the past and they opposed directions to issue a passport for a longer period of 10 years. They submitted that the appeal against the acquittal is pending and the charges were serious. 8) We have considered these submissions. Since, on the past occasion, directions were given to the Passport Authority to issue a passport for a period of 2 years, on this occasion also, we are inclined to issue certain directions. However, the period of 10 years is on the longer 4 of 4 18-IA-700-2026 side and we are not inclined to issue a passport for 10 years. Considering the passage of time, this time, we are inclined to direct issuance of a passport for 4 years. 9) Hence the following Order :- (i) The Passport Authority shall issue a fresh passport for a validity period of 4 years from the date of issuance of the passport. (ii) The Applicant shall fulfil all other criteria for issuance of the passport. (ii) The Application is disposed off. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) SAGAR SANTOSH MAGAR Digitally signed by SAGAR SANTOSH MAGAR Date: 2026.10.01 19:52:29 +0530