R/SCR.A/9987/2026 ORDER DATED: 07/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 9987 of 2026 ========================================================== PRAKASHBHAI CHANABHAI MAHESHWARI Versus STATE OF GUJARAT ========================================================== Appearance: MR DIPESH D SONI(9996) for the Applicant(s) No. 1 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/08/2026 ORDER 1. RULE. Learned APP waives service of notice of rule on behalf of respondent-State. 2. By way of the present application, the applicant is seeking modi:cation / deletion of condition No.2(f) imposed vide order dated 04.05.2026 passed in Criminal Misc. Application No.575/2026 by the learned Additional Sessions Judge, Bhuj-Kachchh while enlarging the applicant – accused on regular bail in connection with FIR being CR No.11205032260627 of 2026 registered with Mundra Police Station, District Kachchh. 3. Learned advocate for the applicant has submitted that the applicant is engaged in the profession of driving and is getting work at Mundra Port and because of condition No.2(f) of the order dated 04.05.2026 imposed by the learned Sessions Judge, he is not able to get work and therefore, has requested to modify the condition No.2(f) and upon instructions submitted that applicant will not enter into Mota Kapaya area where the complainant resides. Therefore, he has submitted that the application be allowed. 4. Learned APP has opposed the present application and submitted that R/SCR.A/9987/2026 ORDER DATED: 07/08/2026 applicant can :nd work of driving at some other place also since if condition is modi:ed then there is possibility of breach of public tranquility and tampering of the evidence cannot be ruled out. Hence, he has requsted to dismiss the present application. 5. Considering the submissions made on behalf of the respective parties and considering the order passed by the learned Sessions Judge, it appears that earlier the condition was imposed that the applicant shall not enter in Mundra Taluka till the trial is over however, since the applicant is engaged in driving profession and gets work at Mundra port, impugned condition No.2(f) of the order dated 04.05.2026 is required to be modi:ed in the interest of justice keeping in view the apprehension of learned APP as regards breach of public tranquility. Hence, present application deserves consideration. 6. In view of the aforesaid discussion, condition No.2(f) of the order dated 04.05.2026 passed in Criminal Misc. Application No.575/2026 passed by the learned Additional Sessions Judge, Bhuj-Kachchh is hereby modi:ed to the extent that till the conclusion of trial, applicant shall not enter into the vicinity where the complainant and victim of the case are residing i.e. applicant shall not enter Mota Kapaya till the conclusion of the trial and shall not contact the complainant and the victim directly or indirectly and shall not try to tamper with the evidence. Rest of the conditions shall remain intact. 7. Rule is made absolute to the above extent. 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 07/08/2026 14:34:27