Bombay High Court
ABDUL REHMAN ABDUL GAFOOR SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that compliance with the earlier condition of obtaining written permission from the senior police inspector is sufficient, and therefore allowed the applicant to travel abroad subject to stipulated conditions.
Summary
Abdul Rehman Abdul Gafoor Shaikh appealed a conviction under the Maharashtra Control of Organised Crime Act and the Indian Penal Code. He was released on bail in 2007 with his sentence suspended, and the court had directed that he could not leave Mumbai without prior written permission from the senior police inspector. The applicant, having previously obtained permission to travel to Saudi Arabia for pilgrimage on several occasions, sought the return of his passport from the Registrar of the City Civil and Sessions Court to undertake another pilgrimage from 4 September to 5 October 2026. The court examined whether the existing bail conditions and the requirement of police permission sufficed to allow his travel while the appeal remains pending. It held that the applicant need only comply with the prior condition and obtain the passport from the court, and therefore granted permission subject to specific undertakings. The interim application was allowed and disposed of on those terms.
Issues considered
- Whether the applicant, pending an appeal and with his passport lodged with the court, may be permitted to travel abroad for pilgrimage subject to the bail conditions imposed.
Legislation cited
- Indian Penal Code, 1860 — s. 120B, 34
- Maharashtra Control of Organised Crime Act — s. 3(1)(ii), 3(2)
Subjects
- pilgrimage
- bail
- travel permission
- passport
- appeal
- MCOC
- suspension of sentence
- conditions of bail
Judgment
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2026.08.25
CHITNIS 19:28:18 +0530 41-ia.2877.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2877 OF 2026
IN
CRIMINAL APPEAL NO.648 OF 2007
Abdul Rehman Abdul Gafoor Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Rahul Arote for the Applicant.
Mr. Tanveer Khan, A.P.P. for the Respondent-State.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 24th AUGUST 2026
P.C. :
1. The applicant, who has filed an Appeal before this Court,
being aggrieved by the Judgment and Order dated 13 th June 2007
passed by the Special Court under the MCOC Act at Bombay in
MCOC Special Case No.3 of 2003, convicting him for the offences
punishable under Sections 3(2), 3(1)(ii) of MCOC Act r/w Sections
120B and 34 of the Indian Penal Code, has taken out an application
seeking permission to travel to Kingdom of Saudi Arabia from 4th
September 2026 to 5th October 2026 and for seeking further direction
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to the Registrar, City Civil and Sessions Court, Bombay, to return his
passport for facilitating his travel.
2. We have heard the learned counsel for the applicant and
perused the application.
The appeal filed by the applicant is pending before this
Court and it came to be admitted on 16 th July 2007. During the
pendency of the appeal, by an order dated 9 th August 2007, the
applicant was released on bail and the sentence imposed upon him was
suspended.
3. While on bail, on four occasions, the applicant filed
distinct applications right in the year 2008, 2010, 2016, 2022 and
2024, when he sought permission to travel abroad i.e. Mecca and
Madina (Kingdom of Saudi Arabia) for religious purpose and on all
these occasions, permission was granted to him.
Even this year, the applicant wants to undertake the
pilgrimage from 4th September 2026 to 5th October 2026 and he
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intends to travel through Arabian Tours and Travels. However, the
difficulty faced by him is that his passport is deposited with the
Registrar, City Civil and Sessions Court, Bombay. He, therefore, seeks
permission of this Court to travel abroad as while suspending his
sentence and releasing him on bail vide order dated 9 th August 2007,
this Court had directed that he shall not leave Mumbai without
obtaining written permission in advance from the Senior Police
Inspector of the concerned Police Station. Pursuant thereto, from
time to time when he made applications which were granted, he
undertook the pilgrimage and upon his return deposited the passport
with the City Civil and Sessions Court, Bombay. Upon renewal of his
passport, it is deposited with the Registrar, City Civil and Sessions
Court, Bombay and that is the reason why the applicant has
approached this Court seeking a direction for return of his passport
for ensuring his travel.
4. Though, in the past, permission has been granted to the
applicant to travel abroad, in the wake of the pendency of the appeal,
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since the sentence of the applicant was suspended and he was released
on bail did not impose any condition and whenever he had to leave
Mumbai, the only condition imposed was that, he should obtain
written permission in advance from the Senior Police Inspector of the
Police Station and in our view this compliance is sufficient for him to
leave the jurisdiction of this Court. Apart from this, since the passport
is with the City Civil and Sessions Court, Bombay, we expect the
applicant to move an application before the said Court, as the passport
is with the Registrar of the City Civil and Sessions Court, Bombay.
With this clarification, so that on the next occasion the applicant is
not constrained to approach this Court, we grant the necessary
permission, subject to the following stipulations:-
(i) The applicant in permitted to visit Mecca and Madina
(Kingdom of Saudi Arabia) from 4th September 2026 to 5th
October 2026;
(ii) Before undertaking the travel, he shall keep the Investigating
Officer updated about his contact number and the address at
which he is going to reside in Mecca and Madina;
(iii) The passport shall be returned to him, but immediately on his
return, he shall deposit the same with the Registrar, City Civil
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and Sessions Court, Bombay;
(iv) The applicant shall give an undertaking to this Court that he
shall abide by the date of his return and the affidavit shall be
accompanied with the itinerary of his travel, a copy of which
shall also be furnished to the concerned Police Station where he
is directed to report as a condition of his release on bail.
5. Interim Application is allowed and accordingly disposed of,
on the aforesaid terms.
. All concerned to act on the authenticated copy of this
order.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
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