R/SCR.A/13882/2025 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 13882 of 2025 ========================================================== ANSARI MOHAMMAD AFZAL MOHAMMAD ASLAM Versus STATE OF GUJARAT ========================================================== Appearance: MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/10/2025 ORAL ORDER [1.0] By way of present petition under Articles 226 and 227 of the Constitution of India read with section 528 of the BNSS, the petitioner has prayed for the following reliefs: “(B) Your Lordship may be pleased to alter / modify condition No.1 into the order dated 16/09/2025 passed by Addl. Sessions Judge, City Civil and Sessions Court, Ahmedabad in Muddamal Application No.6127/2025 at Annexure-A colly and be pleased to modify the condition to give solvent surety instead of bank guarantee in the interest of justice; ” [3.0] The muddamal vehicle being Venue Car having registration No.GJ-27-EA-0403 came to be released by the learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad vide order dated 16.09.2025. While releasing the muddamal vehicle, the learned Judge has been pleased to impose condition No.1 which reads as under: “(1) The applicant shall execute personal bond and bank guarantee (of value of muddamal) within period of ninety (90) days from today for the production of R/SCR.A/13882/2025 ORDER DATED: 14/10/2025 muddamal so released if and when required. In case the applicant cannot manage to execute bank guarantee, the applicant is directed to deposit cash amount (of value of the muddamal) instead of bank guarantee in this Court before the concerned department;” [4.0] Having heard learned advocate appearing for the petitioner and learned APP appearing for respondent – State of Gujarat, this Court is of the considered view that it is expedient to modify the condition No.1 of the order dated 16.09.2025 passed in Criminal Misc. Application (For Muddamal) No.6127 of 2025 by the learned Additional Sessions Judge, City Civil & Sessions Court, Ahmedabad which now shall read as under: “(1) The applicant shall furnish solveny surety of 1.5 times of the actual valuation of the muddamal vehicle, within period of ninety (90) days from today...;” [5.0] Rest of the conditions shall remain as it is. Present petition is partly allowed in aforesaid terms. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay 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 14/10/2025 14:59:30