R/SCR.A/11659/2026 ORDER DATED: 13/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 11659 of 2026 ========================================================== VASAVDATTA ATULBHAI BHATT Versus STATE OF GUJARAT ========================================================== Appearance: MR PK JANI, Senior Advocate assisted by MS. RITIKA(14645) for the Applicant(s) No. 1 SHIVANG P JANI(8285) for the Applicant(s) No. 1 MS SHRUTI PATHAKL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/08/2026 ORDER 1. Mr. P.K. Jani, learned Senior Advocate, assisted by Ms. Ritika and Mr. Shivang P. Jani, learned Advocates appearing for the applicant, and Ms. Shruti Pathak, learned APP appearing for the respondent-State. 2. The present application is filed by the applicant seeking the following relief: “(C) This Hon'ble Court may be pleased to delete condition no. 2-D imposed upon the applicant vide judgment and order dated 08th September, 2022 passed by the Learned Additional Sessions Judge, Gandhinagar at Kalol in Criminal Miscellaneous Application No. 451 of 2022.” 3. It appears that the present applicant, a Notary, was arraigned as an accused in connection with the offence registered with Sarkhej Police Station, being I-C.R. No. R/SCR.A/11659/2026 ORDER DATED: 13/08/2026 11216025210071 of 2022, for the offences punishable under Sections 465, 467, 468, 471 and 120B of the Indian Penal Code. It also appears that, being a Notary and having notarized the document in question, the applicant came to be arraigned as an accused. The applicant, therefore, approached this Court, and pre-arrest bail came to be granted in her favour. At the relevant time, Condition No. (2) D was imposed vide order dated 08.09.2022 passed in Criminal Miscellaneous Application No. 451 of 2022, whereby the applicant was directed to surrender her passport, if any, before the concerned Court within one week and, in the absence of a passport, to file an affidavit before the learned Trial Court declaring the said fact. The applicant was further directed not to leave the country without prior permission of the learned Trial Court. 4. It is submitted that the applicant has duly complied with the aforesaid condition and her passport is already deposited with the concerned Court. It is further submitted that, except for notarizing the document in question, no specific role is attributed to the present applicant. 5. It is also submitted that, in view of the bar contained under Section 13 of the Notaries Act, 1952, no proceedings could have been initiated against the applicant in the absence of the requisite sanction. The applicant has already approached this Court by filing Criminal Miscellaneous Application No. 25199 of 2024, which is pending consideration and vide order dated 06.01.2025, further proceedings have been stayed by the R/SCR.A/11659/2026 ORDER DATED: 13/08/2026 Coordinate Bench of this Court. 6. It is submitted that the applicant is a senior citizen aged about 75 years and is a practicing advocate. She now intends to settle abroad and reside with her two daughters. It is further submitted that, as and when her presence is required before the learned Trial Court, she shall either mark her presence through virtual mode or through her advocate. An assurance has also been given that, in the event the trial proceedings are required to be continued and her personal presence is directed by the learned Trial Court, she shall remain present before the concerned Court. 7. Having regard to the facts and circumstances of the case, and considering the age of the applicant as well as the fact that her passport is already deposited with the concerned Court, Condition No. (2) D imposed vide order dated 08.09.2022 is kept in abeyance for a period of five years from today on the following condition: (a) As and when her presence is required, the applicant shall remain present before the concerned Court, either through virtual mode or through her learned advocate, as may be directed by the learned Trial Court. (b) The applicant shall not raise any objection to or dispute any order that may be passed by the learned Trial Court in her absence, in accordance with law, during the period when her personal presence is not insisted upon.” R/SCR.A/11659/2026 ORDER DATED: 13/08/2026 8. It is, however, clarified that the learned Trial Court shall have the liberty, in case of necessity, to relax or modify the aforesaid condition and/or to direct the applicant to appear in person before the concerned Court as and when required. 9. In view of the above, the present application stands allowed to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:19:37