Moshin Bhai vs Shabbir Hussain And Others

Vijay Kumar Shukla, J

Heard on IA No. 10670/2023 which is an application for grant of interim relief.

The petitioner has prayed for grant of interim custody of the petitioner's passport for the period of 18.07.2023 to 10.08.2023 and to permit him to travel to Dubai to look after the food management on Religious Guru Syedna Sahab and to attend Ashara Mubaraka which is to take place between 08.07.2023 to 27.07.2023 in Dubai. It is stated that the petitioner is 91 years old and he looks after the food management on Religious Guru Syedna Sahab. It is further submitted that the original passport of the petitioner is deposited with the trial Court as per the terms and conditions of the bail order dated 04.01.2023 passed in MCRC No. 56096/2022.

The facts of the case are that the applicant is an accused for commission of offences under Section 420, 403, 406, 467, 468, 471, 34, 120-B, 506, 323, 294 of IPC on the basis of a private complaint filed by respondents No. 1 & 2. It is also argued that the co-accused persons namely, Shabbir and Sheikh Mustafa have been granted permission to visit Dubai for the said purpose as there was no condition in the bail order regarding surrender of passport.

Counsel for the respondents opposed the prayer.

After hearing learned counsel for the parties and considering the fact that the applicant is 91 years old and is looking after the food management of Religious Guru Syedna Sahab and he wants to attend Ashara Mubaraka at Dubai, it is directed that the original passport of the petitioner shall be handed over to him on retaining a photocopy of the passport on temporary custody subject to depositing cash amount/demand draft of Rs.5 Lacs with the trial Court.

The petitioner shall surrender the original passport on 11.08.2023 before the trial Court. Upon surrender of the original passport, the amount of Rs.5 lakh / demand draft deposited by the applicant shall be returned to him.

With the aforesaid IA No. 10670/2023 is disposed off.