R/SCR.A/7961/2025 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7961 of 2025 ========================================================== NARAYANBHAI KALYANBHAI SHIYANIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR KRUNAL D PANDYA(3283) for the Applicant(s) No. 1 MR. NEIL S. BHATT(18065) for the Applicant(s) No. 1 MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/07/2025 ORAL ORDER Additional affidavit tendered by the petitioner is taken on record. Heard learned Advocate for the petitioner and learned APP for the respondent No.1 – State of Gujarat. By way of present petition filed under Article 226 and 227 of the Constitution of India read with Section 439(1)(b) and 482 of the Code of Criminal Procedure, 1973, the petitioner has sought for the following relief : “(A) Your Lordships be pleased to issue writ of mandamus, certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction by directing the respondent to returned back passport and grant permission for visiting abroad for renewal of permanent Residence by quashing and setting aside the order passed by the order dated 22.04.2025 passed in Criminal Misc. Application No.415 of 2025 by the learned Second Additional Sessions Judge, Kheda at Nadiad, in the interest of justice.” The learned Advocate for the petitioner has submitted that the R/SCR.A/7961/2025 ORDER DATED: 07/07/2025 present petitioner is facing the charge under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 in ACB Case No.5/2018 which is pending before the learned 2nd Additional Sessions Judge, Kheda at Nadiad. The petitioner in compliance of the bail condition has surrendered his passport and he was on bail since October 2016. The petitioner is regularly attending the Court. The petitioner had travelled abroad twice and at the relevant point of time the petitioner had complied with all the conditions. The petitioner is a law abiding citizen. The petitioner is permanent resident (PR) of Canada and his permanent residentship is going to expire on 21.07.2025 and for the renewal purpose, he has to travel abroad for 8 weeks and for that reason he has approached this Court. Learned APP for the respondent – State has opposed the present petition on the ground that the present petitioner is facing serious charge under Prevention of Corruption Act and the trial is at the verge of completion and kept for further arguments of the accused on 14.07.2025 and if the passport is returned back to him then it cannot be ruled out that he will flee away from the justice. There is no possibility that the petitioner will come back to India. Therefore, the learned APP has requested to dismiss the present petition. It is undisputed and admitted fact that the Permanent Residency of the petitioner is going to expire on 21.07.2025. At the same time the Court has considered the report of learned 2nd Additional Sessions Judge, in ACB Case No.5/2018 is at the verge of completion and proposed date of pronouncement of judgment is in August 2025. Earlier the petitioner travelled abroad twice and returned and surrendered his passport. The petitioner has not R/SCR.A/7961/2025 ORDER DATED: 07/07/2025 withdrawn his gratuity amount and having the immovable property in Dakor and in his native. Considering the aforesaid facts stringent conditions are required to be imposed. In this regard additional affidavit is also produced on record by the petitioner. Considering the aforesaid facts, present petition is allowed. The impugned order dated 22.04.2025 passed in Criminal Misc. Application No.415 of 2025 by the learned 2nd Additional Sessions Judge, Kheda @ Nadiad is hereby quashed and set aside and the learned Sessions Court, Kheda is directed to release the passport No.P2555680 of the petitioner subject to petitioner depositing an amount of Rs.5,00,000/- with the learned Sessions Court and on condition to furnish solvent surety of the like amount before the learned Sessions Court. The petitioner is permitted to travel Canada from 15.07.2025 to 20.08.2025. The petitioner shall furnish permanent residential address, contact number and the details of his stay at Canada. The petitioner shall not prolong the trial in any event. After his return from Canada, the petitioner shall forthwith surrender his passport on or before 25.08.2025 before the learned trial Court without fail. The petitioner shall submit his itinerary with the concerned Court as well as with the investigating agency. Rest of the conditions shall remain intact. Rule is made absolute to the above extent. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay / AYJ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2025 18:07:13