Bombay High Court
NANDKUMAR BAPURAO NALEversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The court allowed the issuance of a passport to the applicant, subject to specified conditions.
Summary
The applicant, convicted of a short‑term offence and whose sentence has been suspended pending appeal, applied for a one‑year passport to travel abroad for a family vacation. The court noted that the applicant is out on bail, has no other criminal cases pending, and that his right to liberty under Article 21 must be respected. Relying on G.S.R. 570(E) and the absence of further antecedents, the court allowed the interim application subject to conditions regarding itinerary, contact details, and verification. The applicant must submit travel details within two weeks and update any change in contact information. Non‑compliance will result in the order being recalled.
Issues considered
- Whether a person convicted of an offence, whose sentence is suspended pending appeal, may be issued a passport for foreign travel under Article 21 of the Constitution.
Subjects
- passport
- criminal conviction
- appeal pending
- Article 21
- right to liberty
- interim relief
Judgment
908-IA-162-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 162 OF 2026
IN
CR. APPEAL NO. 892 OF 2021
Nandkumar Bapurao Nale
VERSUS
The State of Maharashtra And Anr
...
Mr. Vaibhav R. Gaikwad i/by Mr. Raviraj Paramane, Advocate for
Applicant.
Mr. S. H. Yadav, APP for the respondent No.1-State.
Mr. Vijay Killedar, for Respondents No.2 – UOI.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 2nd APRIL, 2026
P. C. :
1. The applicant has presented this application seeking direction
to the Respondent No.2- passport authorities to issue passport to the
applicant for a period of one year.
2. Learned counsel for the applicant submits that the applicant is
convicted for a short term sentence and an appeal is pending before
this Court against the same. It is further submitted that this Court
was pleased to suspend the sentence of the applicant during the
pendency of the appeal. However, final hearing of the appeal is
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2026.04.06
20:24:14
+0530
Sajakali Jamadar 1 of 3
908-IA-162-2026 (CR).doc
likely to take time. The applicant intends to visit foreign for a family
vacation and is required to renew his passport for the same. As such,
the applicant, prayed to allow the application.
3. Learned APP and learned counsel for Respondent No.2 have
fairly submitted that appropriate orders may be passed.
4. Having heard the submissions from the respective sides and
upon perusal of the record indicates that admittedly, the applicant is
enlarged on bail by this Court. Apart from the pendency of this
appeal, learned counsel for the applicant has submitted that there is
no other criminal case pending against the applicant.
5. In view of the G.S.R. 570(E) dated 25.08.1993 and
considering that the applicant has no other criminal antecedents
who intends to take a family vacation, the broad principle under
Article 21 of the Constitution of India i.e. Right to liberty needs to
be upheld. However, by imposing certain conditions.
6. Hence, following order :
(a) The application is allowed.
(b) The applicant is directed to submit his intended itinerary
including the details, such as, dates and destination of
travel as well as the details of the members travelling with
him within a period of two weeks.
Sajakali Jamadar 2 of 3
908-IA-162-2026 (CR).doc
(c) In the event of change of contact number, the applicant is
directed to submit those details in addition to the contact
numbers of two close relatives residing in India.
(d) The Registrar (Judicial) to verify the compliance of the
aforesaid terms.
7. Needless to state that non- compliance of the aforesaid terms,
shall result into recall of this order without further reference to this
Court.
[SACHIN S. DESHMUKH, J.]
Sajakali Jamadar 3 of 3
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