R/SCR.A/12352/2026(GJHC240639412026) ORDER DATED: 21/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO.12352 of 2026 ========================================================== PRITHVIRAJ SAREMAL KOTHARI S/O. SAREMAL KOTHARI Versus UNION OF INDIA & ORS. ========================================================== Appearance: MR HARDIK P MODH(5344) for the Applicant(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 MR RAJESH K KANANI(2157) for the Respondent(s) No. 2 MS. DHWANI TRIPATHI, APP for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 21/08/2026 ORDER 1. By filing the present petition, learned Advocate appearing for the petitioner has prayed for the following reliefs: - “A. YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or direction directing the Ld. Special Court and Principal District Judge, Surat and/or the concerned authority to forthwith release and hand over the passport of the Petitioner presently lying in custody pursuant to Custody No. 214/2026, so as to enable the Petitioner to travel abroad; B. YOUR LORDSHIPS may be pleased to permit the Petitioner to travel to Sri Lanka and London during the period from 24.08.2026 to 30.08.2026 for attending the JITO Premier League at Colombo, Sri Lanka and the JITO Business Summit at London, respectively, on such terms and conditions as this Hon'ble Court may deem fit and proper; C. PENDING admission, hearing and final disposal of the present Petition, YOUR LORDSHIPS may be pleased to grant ad-interim relief in terms of prayers (a) and (b) above and direct immediate release of the Petitioner's passport, considering that the Petitioner is scheduled to depart for Sri Lanka on 24.08.2026 and the application pending before R/SCR.A/12352/2026(GJHC240639412026) ORDER DATED: 21/08/2026 the Ld. Special Court, Surat has been adjourned to 25.08.2026; D. YOUR LORDSHIPS may be pleased to clarify that the aforesaid temporary release of passport and permission to travel shall be without prejudice to the rights and contentions of the parties in Criminal Misc. Application No. 5921 of 2026 pending before the learned Special Court and Principal District Judge, Surat; E. YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case.” 2. Learned Advocate appearing for the petitioner submits that the petitioner is required to travel Sri Lanka and London from 24.08.2026 to 30.08.2026. The proceedings of the trial have been recently transferred to the Court at Surat pursuant to the notification issued by the Government of India. However, since after the transfer, the case is not assigned to any Court, and therefore, the petitioner is constrained to approach this Court by filing the present petition since there is an urgency on the part of the petitioner. He submitted that previously the petitioner has been permitted to travel abroad subject to certain conditions. One of them being deposit of amount of Rs.10 lakhs. The amount of Rs.10 lakhs deposited by the petitioner earlier is still lying with the concerned Court which may be considered as security deposit for the present matter also. He further submitted that the petitioner is ready and willing to comply with any conditions imposed by this Court. He, therefore, submitted to allow the present petition. 3. Learned Advocate Mr. Priyam D. Brahambhatt appearing on behalf of learned Advocate Mr. Rajesh Kanani appearing for the respondent has opposed the present petition. He has also filed an affidavit of Respondent No.2 on record which is ordered to be taken on record. 4. Heard learned Advocates for the parties. Having regard to the cause R/SCR.A/12352/2026(GJHC240639412026) ORDER DATED: 21/08/2026 shown in the petition, the petition is hereby allowed. The petitioner is hereby permitted to travel abroad for the period commencing from 24.08.2026 to 30.08.2026 and the passport of the petitioner is ordered to be handed over to him forthwith. The amount of Rs.10 lakhs which has deposited by the petitioner with the concerned Court, shall be considered as security deposit for the present order also. The petitioner shall redeposit his passport before the concerned Court within a period of one week from his return i.e. 30.08.2026. The petitioner shall furnish detailed travel itinerary to the concerned Trial Court before traveling abroad. The passport of the petitioner shall be handed over to the authorized Advocate (Mr. Gopalsingh) appearing for the petitioner. Direct service is permitted today. (M. R. MENGDEY,J) RAVI OZA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 21/08/2026 16:18:52