Bombay High Court
DATTA BHIMRAO TONAPEversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The Court allowed the interim application, reiterating the earlier NOC and directing the passport authority to process the renewal for five years in accordance with law.
Summary
The applicant, Datta Bhimrao Tonape, holds an Indian passport valid until 20 April 2027 and seeks a No Objection Certificate (NOC) to renew it for a further five years while a criminal appeal (Cr. Appeal No. 564 of 2014) is pending before the Bombay High Court. The applicant relied on a prior order dated 11 March 2022 that had granted an NOC for renewal. The State of Maharashtra submitted that the investigating officer found no other pending offences against the applicant, while the Union of India opposed the application. The Court examined the record, noted that no new allegations have arisen, and affirmed the earlier NOC, directing the passport authority to process the renewal in accordance with law. Consequently, the interim application was allowed and the earlier order reiterated.
Issues considered
- Whether a No Objection Certificate for passport renewal can be granted to a person whose criminal appeal is pending.
- Whether any legal impediment exists to renewing the passport for a further five years in the circumstances.
Subjects
- passport renewal
- NOC
- criminal appeal
- interim application
- High Court
- pending criminal case
Judgment
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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.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.08
20:06:52
+0530 CORAM : ASHWIN D. BHOBE, J.
DATE : 8th OCTOBER, 2026.
P.C.
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.
Shantanu S. Dhudum
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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
Shantanu S. Dhudum
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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.
Shantanu S. Dhudum
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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.)
Shantanu S. Dhudum
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