AI Structured Summary
Not yet generated for this judgment
Judgment
Sandeep K. Shinde, J
Heard learned Counsel for the parties.
By this application, the applicant seeks the release of his passport which is currently deposited in the Court of Additional Sessions Judge, South Goa, Margao, in Sessions Case no. 12 of 2013. In the said case, there was discharge of all the accused including the Applicant by order dated 03.10.2015.
Feeling aggrieved by the order dated 03.10.2015, the Respondents-CBI have questioned its legality and correctness in the Revision Application no. 24 of 2019, which is pending for consideration before this Court.
The Applicant is a member of the Goa Legislative Assembly and Speaker of the Goa Legislative Assembly and presently holds office as such.
Applicant has been invited to attend 65th Commonwealth Parliamentary Conference to be held in Halifax, Canada, from 20. 08.2022 to 26.08.2022 and has been nominated to attend the conference. Applicant has placed on record invitation to the 65th Commonwealth Parliamentary Conference received from the Speaker of the House of Commons of Canada, dated 13.04.2022. It is marked X-2 for identification. In view thereof, the Applicant seeks to release of his passport.
Learned Special Public Prosecutor appearing for the respondents submit, passport may be released as required for attending Conference subject to condition that Applicant shall re-deposit it once he comes back to India.
In consideration of the facts stated above, in my view, there is no impediment in releasing the passport lying before the Additional Sessions Judge, South Goa, in Sessions Case no. 12 of 2013 in view of his acquittal. Even otherwise, Applicant has firm root in the Society and his presence in the pending proceedings can be secured, if required, and for which his passport is not required to be deposited. Thus, the application is allowed and made absolute in terms of prayer clause (a), which reads thus :
“a. This Hon. Court may be pleased to direct that the applicant's Passport lying deposited with the Court of the Additional Sessions Judge, South Goa at Margao, in Sessions Case No. 12/2013, be released and returned to the Applicant.”
Application is disposed of.
Parties to act based on an authenticated copy of this order.