Bombay High Court
SANDEEP BHANUDAS KOTKARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court held that the passport authority may be impleaded, granted leave to amend, dismissed the withdrawn application, and accepted the compliance affidavit as satisfying the conditions for travel.
Summary
The appellants in three related criminal appeals filed several interim applications seeking procedural relief, including the addition of the passport authority as a party, permission to withdraw an application, and permission to travel for personal reasons. The Court examined whether the passport authority should be impleaded and granted leave to amend the applications accordingly. It also considered the applicant's request to withdraw an application, which was disposed of as withdrawn. In another application, the Court reviewed a compliance affidavit filed after granting temporary travel permission and found it satisfactory. Accordingly, the Court ordered the amendment to be effected within two weeks, dismissed the withdrawn application, and closed the travel‑related application after accepting the affidavit. The matter was listed for further consideration on a later date.
Issues considered
- Whether the passport authority should be made a party to the interim applications
- Whether leave to amend the applications to include the passport authority should be granted
- Whether an application may be withdrawn at the request of the applicant
- Whether a compliance affidavit satisfies the conditions imposed for temporary travel permission
Subjects
- procedural law
- criminal appeal
- interim application
- amendment
- compliance affidavit
- passport authority
- withdrawal
Judgment
903to905_APEAL360_16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.360 OF 2016
Sachin s/o. Bhanudas Kotkar … Appellant
Vs.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.4393 OF 2025
WITH
CRIMINAL APPLICATION NO.842 OF 2016
WITH
INTERIM APPLICATION NO.2591 OF 2025
WITH
CRIMINAL APPLICATION NO.1337 OF 2017
IN
CRIMINAL APPEAL NO.360 OF 2016
AND
CRIMINAL APPEAL NO.361 OF 2016
Amol Bhanudas Kotkar … Appellant
Vs.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.2868 OF 2025
WITH
CRIMINAL APPLICATION NO.840 OF 2016
IN
CRIMINAL APPEAL NO.361 OF 2016
AND
CRIMINAL APPEAL NO.362 OF 2016
Sandeep Bhanudas Kotkar … Appellant
Vs.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.4368 OF 2025
WITH
INTERIM APPLICATION NO.3930 OF 2025
WITH
INTERIM APPLICATION NO.4456 OF 2024
1/3
903to905_APEAL360_16.doc
WITH
INTERIM APPLICATION NO.4367 OF 2025
WITH
CRIMINAL APPLICATION NO.839 OF 2016
WITH
INTERIM APPLICATION NO.2590 OF 2025
IN
CRIMINAL APPEAL NO.362 OF 2016
---
Mr. Hrishikesh D. Ghorpade a/w. Mr. Anup Patil i/b. Mr. Abhaykumar Ostwal for
Appellants.
Dr. Dhanlakshmi K. Iyer, APP for Respondent-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : JANUARY 13, 2026
P.C. :
. Considering the nature of prayers made in these applications, it
would be appropriate that the concerned passport authority is made a
party to these applications.
2. Leave to amend is granted to the applicants to add the said
authority as a party respondent in the interim applications.
3. The amendment be carried out within two weeks from today.
4. List for further consideration on 29.01.2026.
INTERIM APPLICATION NO.4456 OF 2024
. The learned counsel for the applicant (original appellant), on
instructions, seeks permission to withdraw the application.
2. Hence, the application is disposed of as withdrawn.
2/3
903to905_APEAL360_16.doc
INTERIM APPLICATION NO.3930 OF 2025
. This application was listed before the Vacation Court on
22.10.2025. While issuing notice, this Court granted relief to the extent
of permitting the applicant to enter Ahmednagar District between
25.10.2025 and 30.10.2025 (inclusive of both the days), for the purpose
of attending rituals pursuant to the demise of father-in-law of the
applicant. Certain conditions were imposed and the applicant was
required to file a compliance affidavit.
2. The learned counsel for the applicant has tendered the compliance
affidavit. We have perused the same and we are satisfied with the
contents. The compliance affidavit is taken on record.
3. In the light of the order dated 22.10.2025 and the compliance
affidavit having been taken on record, nothing further survives in this
application and accordingly it is disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
MINAL Digitally
by MINAL
signed
SANDIP SANDIP PARAB
Date: 2026.01.14
PARAB 13:09:32 +0530
Minal Parab
3/3
Checking your session…