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R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 10728 of 2026 ========================================================== VATSALKUMAR RASIKBHAI SAKHIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1 MR JIGAR B OZA(11654) for the Applicant(s) No. 1 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/08/2026
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 has prayed for modi!cation of Condition No. 6(f) imposed upon him vide order dated 18.02.2025 passed in Criminal Misc. Application No. 2065 of 2025, whereby the applicant was released on anticipatory bail. The applicant seeks modi!cation of the said condition for the purpose of obtaining his passport for renewal for a period of 30 days. 3.. Condition No. [6.0](f) imposed upon the applicant reads thus:
“(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;”
3. Learned advocate for the applicant has submitted that pursuant to the aforesaid order dated 18.02.2025, the applicant has deposited his passport before the concerned Trial Court in compliance with Condition No. [6.0](f) . It is submitted that the applicant is required to obtain his passport for renewal purposes. The applicant undertakes
R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026 that after completion of the said period, he shall re-surrender the passport before the concerned Trial Court and shall abide by all other conditions imposed by the Court.
4. Learned APP appearing for the respondent-State has urged this Court to pass appropriate order.
5. This Court has considered the submissions canvassed by learned advocates for the respective parties and has perused the material placed on record. Having regard to the facts and circumstances of the case and the cause shown by the applicant, the application deserves to be allowed and is, accordingly, allowed, subject to the following conditions: (i) The learned Trial Court is directed to release the applicant's passport for a period of one week for the limited purpose of renewal, subject to the applicant depositing a sum of Rs.1,00,000/- (Rupees One Lakh only) before the learned Trial Court prior to such release. (ii) The applicant shall complete the renewal process expeditiously and shall surrender the renewed passport before the learned Trial Court immediately upon renewal and, in any event, within the aforesaid period of one week; (iii) Upon surrender of the renewed passport and after due veri!cation of compliance with the conditions of this
order, the learned Trial Court shall refund the deposited amount of Rs.1,00,000/- (Rupees One Lakh only) to the applicant.
R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026 (iv) It is clari!ed that release of the passport to the applicant for the aforesaid limited purpose shall not be construed as granting any permission to the applicant to travel abroad. The applicant shall not leave India without obtaining prior permission of the learned Trial Court. After such passport is surrendered, the condition no. [6.0] (f) of the order dated 18.02.2025 shall be restored to its original position.
6. With the aforesaid observations and directions, the present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted Today.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2026 14:57:38