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NEUTRAL CITATION

R/CR.MA/9788/2018 IA ORDER DATED: 29/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF

CONDITION) NO. 1 of 2025

In R/CRIMINAL MISC.APPLICATION NO. 9788 of 2018

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SATYAM TUSHAR KHARA

Versus

STATE OF GUJARAT

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Appearance:

NANAVATI & CO.(7105) for the PETITIONER(s) No. 1

MR UTKARSH SHARMA APP for the RESPONDENT(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 29/12/2025

IA ORDER

1. Rule. Learned Additional Public Prosecutor waives

service for the respondent – State.

2. By way of the present application, the applicant has

prayed for the following reliefs:;

(a) To temporarily suspend and/or modify condition 9(f)

contained in order dated 28.06.2018 passed by this

Hon'ble High Court in Criminal Miscellaneous Application

No. 9788 of 2018 in view of grounds mentioned above

and order release of passport to the applicant for a

period of 06 Months or such other period as may be

deemed appropriate by the Hon'ble Court;

(b) To permanently delete that portion of the condition

contained in 9(c) to the extent it orders deposit of

passport with the police since the passport has been

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NEUTRAL CITATION

R/CR.MA/9788/2018 IA ORDER DATED: 29/12/2025

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deposited by the applicant with the Trial Court;

(c) To pass any other order or orders in favour of the

applicant as this Hon'ble Court deems fit under the facts

and circumstances of the case.

3. Learned advocate for the applicant submits that the

applicant’s passport has expired and, therefore, the applicant is

required to take necessary steps for renewal of the same by

preferring an appropriate application along with the passport

before the concerned Regional Passport Authority.

4. Learned Additional Public Prosecutor appearing for the

State submits that the applicant may be permitted to take steps

for renewal of the passport; however, upon renewal, the

applicant may be directed to re-deposit the renewed passport

before the concerned Trial Court in view of the conditions

imposed by the co-ordinate Bench while granting bail.

5. Considering the aforesaid submissions and the peculiar

facts and circumstances of the case, it would be expedient to

permit release of the passport for the limited purpose of

renewal. Accordingly, the concerned Trial Court shall release

the applicant’s passport only for the purpose of renewal,

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NEUTRAL CITATION

R/CR.MA/9788/2018 IA ORDER DATED: 29/12/2025

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subject to the applicant depositing a sum of Rs.50,000/-

(Rupees Fifty Thousand only) with the Trial Court.

6. The applicant shall file an undertaking before the

concerned Trial Court stating that upon renewal of the

passport, he shall re-deposit the renewed passport before the

said Court within a period of one week from the date of

receipt thereof. Upon re-deposit and verification of the

renewed passport, the Trial Court shall refund the amount of

Rs.50,000/- to the applicant.

7. With the aforesaid directions, the present application

stands disposed of. Rule is made absolute to the aforesaid

extent. Direct service is permitted.

8. It is also made clear that the bail condition imposed by

this Court in the order dated 28.06.2018 passed in Criminal

Miscellaneous Application No. 9788 of 2018, more particularly

paragraph 9(b), stands deleted, as the said condition has

already been complied with and has become redundant.

(P. M. RAVAL, J)

BHAVIN MEHTA

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