Bombay High Court

IA/402/2026 of DATTA BHIMRAO TONAPE Vs THE STATE OF MAHARASHTRA on 8 October 2026

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HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 402 OF 2026 IN CR. APPEAL NO. 564 OF 2014 Datta Bhimrao Tonape ….Applicant VERSUS The State Of Maharashtra ....Respondent

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 402 OF 2026

IN

CR. APPEAL NO. 564 OF 2014

Datta Bhimrao Tonape

….Applicant

VERSUS

The State Of Maharashtra

....Respondent

_________________________________________________________________

Ms. Sampada S. Patil a/w Mr. Sainath Garade (Through VC), for Applicant.

Mr. Nitin B. Patil, A.P.P. for Respondent No.1 – State.

Mr. Shridhar A. Patil, for Respondent No.2 – Union of India.

_________________________________________________________________

CORAM

: ASHWIN D. BHOBE, J.

DATE

: 8th OCTOBER, 2026.

P.C.

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1. Heard Ms. Sampada S. Patil, learned Advocate for the Applicant, Mr. Nitin B. Patil, learned A.P.P. for Respondent No.1 – State, and Mr. Shridhar A. Patil, learned Advocate for Respondent No.2 – Union of India.

2. By the present Application, the Applicant has sought the following substantial reliefs: “a) Permit the Applicant to renew the Passport No.T6297540 before the competent Passport Authority.

b) Direct that the Passport Authority may process and renew the Applicant’s passport in accordance with law an the applicable rules.

c) Grant such further and other reliefs as this Hon’ble Court may deem fit a proper in the facts and circumstance of the case.”

3. Ms. Sampada S. Patil, learned Advocate for the Applicant, states that the Applicant has a valid passport, bearing No.V8631545, issued by Respondent No.2 on 21st April, 2022, which is valid up to 20th April, 2027. She submits that the said passport is required to be renewed as the expiry date of 20th April, 2027 is nearing. She submits that for the purpose of applying for renewal, a no objection from this Court before which Criminal Appeal No.564 of 2014 is pending is required. She submits that the request to this Court is to grant “NOC” for renewal of the said passport. She relies upon the decision of this Court in the case of Rakesh Shubhanand Jhan and Ors. Vs. The State of Maharashtra1.

4. Mr. Nitin B. Patil, learned A.P.P. for Respondent No.1 – State, submits that the Investigating Officer has made inquiries and has found that pending this Criminal Appeal the Applicant is not involved in any other offence within the jurisdiction of his police station. He, therefore, submits that the Investigating Officer leaves the matter to the Court. 1 Writ Petition No.818 of 2026, decided on 6th March 2026

5. Mr. Shridhar A. Patil, learned Advocate for Respondent No.2 – Union of India, objects to the grant of this Application.

6. Perused the record.

7. Admittedly, the Applicant is a holder of the Indian Passport bearing No.V8631545 (“said Passport”), which was issued to him on 21st April, 2022 and is valid up to 20th April, 2027.

8. This Court, vide order dated 11th March, 2022, passed in Interim Application No.57 of 2022 filed by the Applicant, had granted “NOC” for renewal of the said Passport for a period of five years.

9. Respondent Nos.1 and 2 have neither reported nor alleged the Applicant to be involved in any crime post the crime which is the subject matter of Criminal Appeal No.564 of 2014.

10. In view of the above, this Application is allowed. The order dated 11th March, 2022 passed in Interim Application No.57 of 2022, to the extent it grants permission to renew the passport for a period of five years, is reiterated. Consequently, the Passport Authorities shall consider the request of the Applicant for renewal of the said Passport for a period of five years from 20th April, 2027, strictly in accordance with law and the rules governing such renewal.

11. Thus, this order is confined only to the limited aspect as referred to herein above. Grant of renewal of the said Passport will have to be considered in accordance with law.

12. Interim Application No.402 of 2026 is disposed of, accordingly. ( ASHWIN D. BHOBE, J.)

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