1 3-apeal-849-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 336 OF 2026 IN CRIMINAL APPEAL NO. 849 OF 2022 Imran Dalla S/o Ilyas Dalla Versus The State of Maharashtra through Police Station Officer, Police Station Gittikhadan, Nagpur and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Nazim Qureshi, Advocate for the applicant. Mrs. S.V.Kolhe, APP for the respondent no.1/State. Ms. Nisha Burange, Special Counsel for the respondent no.2. CORAM : MEHROZ K. PATHAN, J. DATED : 29th AUGUST, 2026. Applicant has filed the present application seeking direction to the passport authorities in order to travel abroad for religious rituals. Learned counsel for the applicant submits that the passport authority/ respondent no.2 herein had informed that since the criminal appeal is pending before this Court, the passport could not be renewed. The applicant is convicted under Section 21(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substance Act and is released on bail upon suspension of the sentence in the present appeal. The applicant is SKNair 2 3-apeal-849-22.odt intending to renew his passport for going abroad to perform religious rituals, however, authorities have refused to renew the passport on the ground that criminal appeal is still pending and hence prayed for directions to renew the passport. 2. Ms. Nisha Burange, appearing on behalf of the respondent no.2-Regional Passport authority, though opposes the said application, however submits that for the limited period, the passport can be issued during pendency of the present appeal. Mrs. Kolhe, learned Additional Public Prosecutor opposes the said application and submits that the passport if renewed, the applicant is likely to flee away from the ends of justice. The applicant is convicted of an offence under the N.D.P.S. Act and is only released on bail upon suspension of sentence. However, she submits that appropriate order may be passed. 3. The application is filed with a limited prayer made by the applicant for renewal of passport during pendency of the appeal. The appellant is released on bail and the sentence was suspended vide order dated 28.02.2023. There are no complaints about any violation of the conditions imposed upon present applicant while releasing him on bail or any subsequent offence registered against the applicant. The SKNair 3 3-apeal-849-22.odt apprehension of the learned APP can be taken care of by imposing appropriate conditions. Hence, I am inclined to pass the following order. ORDER i. The criminal application is allowed; ii. The respondent no.2 is hereby directed to renew the passport of the applicant, if the same is applied for a limited period of one year during the pendency of the present appeal, if there is no other impediment for renewal of such passport. (iii) The applicant shall not leave the county without seeking prior permission of this Court. 4. In view of the aforesaid directions, the application stands disposed of. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 31/08/2026 11:32:10