Bombay High Court
MADHUKAR RAGHUNATH BHOIRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court directed that the passport authority consider a fresh application and issue a passport to the convicted applicant for a period of five years, similar to the earlier order for a co‑accused.
Summary
Madhukar R. Bhoir, convicted under IPC sections 147, 148, 149, 302, 307 and Arms Act section 25(1), appealed his conviction while a passport application remained on hold. He sought a direction from the High Court for the Regional Passport Office, Thane, to consider his passport request despite the pending appeal. The Court noted a prior decision (Narendra K. Ambwani v. Union of India) and a similar order granting a co‑accused a five‑year passport. It held that the applicant should be allowed to file a fresh passport application and that the passport should be issued for a period of five years. The Court also required the applicant, who is out on bail, to obtain prior permission before travelling abroad. The interim application was therefore disposed with the above directions.
Issues considered
- Whether a person convicted of serious offences and with a pending criminal appeal is entitled to be issued a passport.
- Whether the court can direct the passport authority to issue a passport for a limited period rather than the full ten‑year term.
- Whether the applicant must file a fresh passport application or can rely on the earlier pending application.
Legislation cited
- Arms Act — s. 25(1)
- Indian Penal Code — s. 147, 148, 149, 302, 307
- Passport Act, 1967
Subjects
- passport issuance
- convicted offender
- pending criminal appeal
- Indian Penal Code
- Arms Act
- high court interim application
- bail
- travel abroad
Judgment
911-IA-5264-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 5264 OF 2024
IN
CRIMINAL APPEAL NO. 811 OF 2017
Madhukar Raghunath Bhoir … Applicant/Appellant
Versus
The State of Maharashtra and another … Respondents
******
SWEETY
RAJU
BHALERAO
Mr. Sumit Patil, a/w Mr. Shivraj D., i/b Mr. Amit Icham for
Digitally signed
by SWEETY
RAJU
Applicant/Appellant.
BHALERAO
Date:
2026.09.18
18:43:57 +0530 Ms. Sharmila S. Kaushik, APP for Respondent/State.
Mr. D. P. Singh, for Respondent No. 2.
******
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 18th SEPTEMBER 2026.
PC:
1. Heard learned counsel for the Applicant (original appellant).
2. By the appeal, the appellant has challenged the judgment and order
dated 25/07/2017 passed by the Court of Additional Sessions Judge, Kalyan,
whereby the applicant has been convicted under Sections 147, 148, 149, 302
and 307 of the Indian Penal Code (IPC) and Section 25(1) of the Arms Act.
He has been sentenced to various periods of incarceration, including life
imprisonment. The appeal is pending.
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911-IA-5264-2024.doc
3. The present application is filed to seek appropriate directions to the
Respondent No. 2, i.e., the Regional Passport Office, Thane for considering
the application of the applicant for issuance of passport.
4. It is submitted that the application that was filed on behalf of the
applicant was kept on hold in terms of a document at Exhibit B. Perusal of
the same shows that the application was kept on hold in the light of the
pending criminal appeal before this Court and the conviction of the applicant
by the Sessions Court.
5. The learned counsel for the applicant submits that this Court may
consider issuing appropriate directions to Respondent No. 2 for considering
the application for issuance of passport and to issue such a passport to the
applicant. Reliance is placed on an order dated 07/08/2023 passed by a
Coordinate Division Bench of this Court in a similar application filed by a co-
accused person, who is also convicted and sentenced like the applicant
herein. It is submitted that by the said order, the application of the co-
accused person was allowed and appropriate directions were issued to the
Passport Authorities at Nashik, to issue passport to the said applicant for a
period of five years.
6. The learned counsel appearing for Respondent No. 2 submits that in
the absence of the applicant producing an order from the competent Court,
Bhalerao 2
911-IA-5264-2024.doc
the file pertaining to his application for issuance of passport was closed on
3rd October 2025 and intimation thereof was given to the applicant. It is
submitted that even if this Court is to consider the application on the same
lines as the application of the co-accused person, the applicant herein will
have to submit a fresh application for issuance of passport.
7. It is brought to our notice that in terms of the judgment passed by a
Division Bench of this Court in the case of Narendra K. Ambwani vs. Union of
India and others 1 and similar orders passed by this Court, either a direction
is issued for granting passport to such a convicted accused person for a
specific period of time or direction is issued for issuance of passport under
the Passport Act and Rules, meaning thereby that the passport is issued for
the full term of 10 years.
8. We are of the opinion that since the Coordinate Division Bench of this
Court issued direction for issuing passport to the co-accused convict for a
limited period of five years, it would be appropriate to issue a similar
direction in the present application.
9. In view of the above, the applicant is granted liberty to move a fresh
application for issuance of passport before Respondent No. 2 - Regional
Passport Office. The said application shall be considered and processed and
passport shall be issued to the applicant for a period of five years. The
1 [(2014) SCC OnLine Bom 356]
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application is disposed of on above terms.
10. Needless to say, the applicant will have to ensure other compliances in
accordance with the Passport Act and Rules.
11. Since the applicant has been released on bail, it is directed that if he
intends to travel abroad, he shall specifically take prior permission of this
Court.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 4
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