YASHOMATI BHAIYASAHEB THAKUR AND OTHERS v. STATE OF MAHARASHTRA THR. PSO PS RAJAPETH, TQ. AMRAVATI AND DIST. AMRAVATI
APPA/645/2026 · 2026-09-03
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7065 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7065 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 45-apeal-417-20.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 645 OF 2026 IN CRIMINAL APPEAL NO. 417 OF 2020 Yashomti Bhaiyyasaheb Thakur and others Versus State of Maharashtra through Police Station Officer, Police Station Rajapeth, Tq. Amravati and Dist. Amravati 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 K.P.Mahalle, Advocate for the applicant. Shri A.M.Ghogre, APP for the non-applicant/State. Shri S.A.Choudhary, Advocate for the non-applicant no.2.
CORAM : MEHROZ K. PATHAN, J. DATED : 3rd SEPTEMBER, 2026. The present application has been filed by the applicant/appellant seeking renewal of a passport. According to the applicant, when he approached the Passport Authorities for renewal of a passport, he was informed that, since he stands convicted and his appeal is pending before this Court, renewal of a passport would require an appropriate order from this Court. The applicant states that he requires the renewal of passport for the purpose of travelling abroad. SKNair
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2. A copy of the application was supplied to the learned Prosecutor appearing for the respondent no.1 as well as to the newly added respondent, i.e. the Passport Authority. 3. Shri Ghoghre, learned Additional Public Prosecutor appearing for the non-applicant/State though opposes the renewal of the passport, fairly concedes that the applicant was convicted by the learned Trial Court and that the sentence imposed upon him has been suspended by this Court vide order dated 22.10.2020. He further submits that there has been no instance of the applicant violating any of the conditions imposed by this Court vide order dated 22.10.2020. He also submits that the applicant is not involved in any other criminal case and, therefore, appropriate orders may be passed. 4. Shri Choudhary, learned counsel appearing for non-applicant no.2/Passport Authority, submits that a passport can be renewed for a limited period subject to an appropriate order being passed by this Court. He submits that, since the applicant stands convicted for offences under the Indian Penal Code, an appropriate order may be passed in accordance with law. SKNair
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5. I have considered the reasons stated in the application as well as the judgment dated 15.10.2020 passed by the learned Session Judge, Amravati. By the said judgment, the applicant has been sentenced to suffer rigorous imprisonment for three months for the offences punishable under Section 353 read with Section 34 of the Indian Penal Code, rigorous imprisonment for three months for the offence punishable under Section 332 read with 34 of Indian Penal Code and rigorous imprisonment for one month for the offence punishable under Section 186 read with 34 of Indian Penal Code
6. The applicant has stated in the present application that he intends to travel abroad and, for that purpose, has applied for renewal of a passport.
It is also not in dispute that the sentence imposed upon the applicant has been suspended by this Court vide order dated 22.10.2020 and that there is no allegation of violation of any of the conditions imposed by this Court. 7. This Court, in an identical matter i.e. Tufail S/o Juned Chamadiya Vs. State of Maharashtra and Others, in Writ Petition No. 640 of 2026, decided on 19.08.2026, directed the Passport Authority to renew the passport to the petitioner for a limited period of one year. SKNair
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8. Thus, taking into consideration the limited prayer made in the application, I am inclined to pass the following order.
ORDER i. The application is allowed. ii. The respondent no.2 is directed to renew a passport to the present applicant within a period of two weeks from date of passing of
order for a period of one year validity, provided there is no other legal impediment to the issuance of passport thereof. iii. The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with his residential address and the name, addresses and mobile number of two close relatives to the respondent no.1. iv. The applicant shall furnish to the respondent no.1, the residential address, where he would be residing in the country he intends to visit. v. The applicant shall not leave the country without permission of this Court. vi. The violation of any conditions imposed by this Court shall entitle the prosecution to seek impounding of passport. vii. Criminal application stands disposed of.
[MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/09/2026 19:16:11