IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION ORDERS) NO.

26799 of 2025 ==========================================================

MOLANA SALMAN AZHARI @ MUFTI MOHAMMED SALMAN AHMED RAZVI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR LB DABHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 25/02/2026 ORAL ORDER

1. Heard learned advocate Mr. Ashish Dagli appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.L.B.Dabhi appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application for modification / deletion/suspension of condition imposed by learned JMFC, Bacchau, vide order dated 11.02.2024, more particularly, whereby the applicant is asked to deposit his passport and not to leave the country without prior permission of the learned trial Court.

4. Considering the submissions made by learned advocate Mr. Dagli and having perused the documents on record, it would appear that the applicant has been arraigned as an accused in and around 11 offences, three offences in the State of Gujarat including the present FIR and whereas the condition of depositing the passport and not to leave India without prior permission, are conditions imposed by learned Courts within the State of Gujarat only. It is also brought to the notice of this Court that insofar as the said FIRs, in one FIR, the learned Coordinate Bench vide order dated 12.09.2025 in Criminal Misc. Application No.17464 of 2025, had permitted the applicant to travel for a period of one year and whereas, the learned Sessions Court, that is the Special Judge (Atrocity), Aravalli District, had deleted the condition as regards depositing the passport and not to leave the territory of India by keeping the same in abeyance for a period of one year.

5. Considering the same, learned advocate would submit that this Court may either delete the condition or in alterative permit the applicant to travel abroad for one year.

6. considering the submissions made by learned advocate Mr. Dagli and learned APP and having considered the order passed by learned Coordinate Bench, and since it appears that the applicant has already deposited an amount of Rs.1,00,000/- before the learned Trial Court in case of the FIR at Junagadh, this Court is inclined to allow this applicant albeit to a limited extent. The order dated 11.02.2022 passed by the JFC in Criminal Misc. Application (J) No.69 of 2023, insofar as it relates to the deposit of the passport of the applicant and prohibiting the present applicant from travelling abroad, is modified to the extent that the applicant is permitted to travel abroad for a period of one year and whereas, upon returning back, the applicant shall re-surrender the passport back before the concerned trial Court from where the same has been released and submit an appropriate endorsement before the learned trial Court in the present case. The other conditions of order dated 11.02.2024 shall remain as it is.

7. With the above direction, the application stands disposed of as allowed. Rule is made absolute to the aforesaid extent.

(NIKHIL S. KARIEL,J)

NAIR SMITA V./23-SB-I