Created by Fuzzy Cloud

Bombay High Court

SURESH M. KAMATHversusCBI ACB MUMBAI AND ANR

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to a No Objection Certificate for passport renewal as there is no evidence of abuse of liberty.

Summary

The applicant, Suresh M. Kamath, filed an interim application seeking a No Objection Certificate (NOC) to renew his passport (No. V1047090) which was due to expire on 29 November 2026. The High Court had previously, on 27 November 2019, allowed a passport renewal, but that period has now lapsed. The applicant contended that he has not abused his liberty during the intervening period and therefore is entitled to a fresh NOC. The Court examined the absence of any misconduct or violation of liberty by the applicant. Finding no contrary evidence, the Court allowed the interim application, granting the NOC and permitting passport renewal on terms it may deem fit.

Issues considered

  • Whether the applicant is entitled to a fresh No Objection Certificate for passport renewal after the earlier order has expired.
  • Whether any abuse of liberty by the applicant bars the grant of the NOC.

Subjects

  • passport renewal
  • NOC
  • interim application
  • criminal appeal
  • liberty
  • High Court

Judgment

                                                                           23 IA-1549-26.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO. 1549 OF 2026
                                                  IN
                                    CRIMINAL APPEAL NO. 659 OF 2016

                   Suresh M Kamath                                          ..Applicant

                           Versus

                   CBI ACB Mumbai & anr.                                …Respondents

                                                WITH
                                    CRIMINAL APPEAL NO. 376 OF 2016

                   Ms. Deepa Amati, i/b Munira Palanpurwala, for the Applicant.

                   Mr. Sumitkumar Nimbalkar, a/w Mr. Kuldeep Patil, for the
                        Respondent No. 1 – CBI.

                   Mr. D J Haldankar, APP for Respondent No. 2 - State

                                                CORAM :       N. J. JAMADAR, J.
                                                DATE    :     03rd September 2026

SAINATH
SANJAY
                   P.C.:
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.09.05
13:10:49 +0530     1.      Heard the learned Counsel for the applicant.

                   2.      This application is preferred seeking the following reliefs :-


                           (a) That this Hon’ble Court may be pleased to grant
                           NOC to the applicant for renewal of his passport
                           which is going to expire on 29 th November, 2026
                           having passport number V1047090 by the Regional
                           Passport Office, Goa for a period of 10 years as per the
                           Passport Rules.



                   SAINATH, PA                          1/2
                                                        23 IA-1549-26.DOC

        (b) The applicant be granted permission to renew his
        Passport bearing No. V1047090 on such terms and
        conditions as this Hon’ble Court may deem fit.


3.      By an order dated 27th November, 2019, this Court had

allowed the applicant to renew the passport. The period for

which the passport was renewed pursuant to the aforesaid

order, has came to an end.

4.      It is not the case that, in the intervening period the

applicant has abused the liberty. Therefore, the Interim

Application deserves to be allowed.

5.      Hence, the following order :-

                              ::ORDER::

        (i)   The Interim Application stands allowed in

        terms of prayer clauses (a) & (b).




                                             [N. J. JAMADAR, J.]




SAINATH, PA                          2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.