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2026 DAILYLAW 5676 (BOM)

ANIL SHAMANDAS ASWANI v. STATE OF MAHARASHTRA AND ANR

IA/2970/2026 · 2026-09-01

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Judgment text

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32.IA.2970.2026+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2970 OF 2026 IN WRIT PETITION NO.4923 OF 2025 Anil Shamandas Aswani .. Applicant (Orig. Petitioner) Versus The State of Maharashtra and Anr. .. Respondents .................…  Ms. Minal Chandnani (appearing through Video Conferencing) a/w. Mr. Naresh Shamnani and Mr. Rajesh Ranglani, Advocates for Applicant.  Ms. Sangeeta E. Phad, APP for Respondent No.1 – State. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 01, 2026 P.C. : 1. Heard Ms. Chandnani, learned Advocate for Applicant appearing through Video Conferencing and Ms. Phad, learned APP for Respondent No.1 – State. 2. After hearing the learned Advocate and learned APP on 24.08.2026, following order was passed:- “1. Heard Mr. Chandnani, learned Advocate for Applicant and Ms. Phad, learned APP for Respondent No.1 – State. 2. Interim Application seeks renewal of passport in view of precursor condition required of minimum validity of six months to travel to Singapore. The Applicant is also otherwise suffering from certain medical ailment for which Applicant requires to go to Singapore for treatment. Even otherwise, Petitioner’s quashing Petition No.4923 of 2025 is pending before this Court. 3. In so far as the relief in paragraph Nos.31(b) and (c) are concerned, in my opinion there cannot be any impediment in allowing 1 of 3 32.IA.2970.2026+.doc the same. 3. Today none appears for contesting Respondent No.2 i.e. Regional Passport Office. 4. Ms. Chandnani informs that Application has been served and she will file Affidavit-of-service. Copy of this order shall be served afresh on Regional Passport Office. They are directed to remain present. If they do not remain present, appropriate orders allowing the Interim Application will be passed on the next adjourned date which shall be noted by the Respondents. 5. Stand over to 01st September, 2026. To be placed under the caption ‘First on Board’.” 4. Today, carrying on further Ms. Chandnani would persuade me to consider grant of the aforesaid release relief. There can be no impediment in allowing prayer clause (b) as it is a constitutional right of the Applicant / Petitioner to possess and seek issuance of the passport. In so far as re-issuance / renewal is concerned, the discretion will be of the Passport Authority to issue the passport in accordance with law. The application stands allowed in terms of prayer clause (b) which reads thus:- “b. That this Hon’ble Court may please to issue a direction or order thereby directing the Respondent No.2 – Regional Passport Authority to forthwith accept, process, consider and decide the Applicant’s application for re-issuance/ renewal of Passport bearing No. P7296373 without insisting upon production of any NOC/permission from a subordinate criminal Court”. 5. In so far as prayer clause (c) is concerned, though it is in the alternative, I direct that if the Applicant / Petitioner receives the renewed Passport, and if the Applicant / Petitioner makes an appropriate Application to the concerned Trial Court for travelling 2 of 3 32.IA.2970.2026+.doc abroad for treatment of his medical condition, the learned Trial Court shall dispose of the said Application as expeditiously as possible and within a period of one week from the date of filing of such Application before the Trial Court. 6. List the Writ Petition on 22nd September, 2026. 7. With the above directions, the Interim Application stands allowed and disposed of. H. H. SAWANT [ MILIND N. JADHAV, J. ] 3 of 3 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.02 10:58:03 +0530