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

4446 of 2026 ==========================================================

MAHAMMAD AABID SALIM GORI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR MM SAIYED(1806) for the Applicant(s) No. 1 MR JAY MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 23/02/2026

ORAL ORDER

1. Heard learned Advocate Mr. M.M. Saiyed for the applicant and learned APP Mr. Jay Mehta for the respondent-State.

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

3. By way of this application, the applicant seeks for release of his passport, more particularly for travelling abroad – to Sought Africa.

4. Considering the submissions made by learned Advocate Mr. Saiyed and learned APP Mr. Jay Mehta for the respondent-State and having perused the documents on record, it would appear that the applicant had been arraigned as an accused in connection with FIR being C.R. I- 06 of 2013 registered with A.C.B. Police Station, Bharuch, and whereas the applicant having been arrested in connection with the said FIR, had been released on bail by the learned Sessions Court vide an order dated 22.11.2013 in Criminal Misc. Application No.79 of 2013, and whereas one of the conditions of the said order being condition No. (1)

(g), being that the applicant shall not leave the State of Gujarat without prior permission of the Court and condition No.(1)(h) being that he shall deposit his passport with the learned Sessions Court. It would appear that the applicant having complied with the directions had thereafter sought for release of his passport, more particularly for the purpose of renewing the passport and whereas the same had been given to the present applicant and upon the same being renewed, the applicant had also deposited the passport back with the learned Trial Court. It would appear that as of now, the applicant wants to travel to South Africa for some business purpose and whereas this Court has also considered the statement made by learned Advocate Mr. Saiyed that the applicant is ready and willing to deposit an amount of Rs.5,00,000/- with the learned Trial Court which amount shall stand as a surety for the applicant to return back in time.

5. Considering the above, since it appears that the FIR is of the year 2013 and whereas the trial has not progressed substantially and having regard to the submissions made by learned Advocate for the applicant, the application deserves consideration. Hence, the following directions are issued.

(i) As a pre-condition the applicant shall deposit an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) with the learned Trial Court and after depositing the said amount, the learned Trial Court shall release the passport of the applicant in his favour and whereas condition Nos. 1(g) and (1)(h) of order dated 22.11.2013 in Criminal Misc. Application No. 79 of 2013 shall remain in abeyance and the applicant is permitted to retain the passport for a period of three months from the date the same is released and the applicant is permitted to travel to Sought Africa.

(ii) The applicant upon returning back from South Africa, within the time period stated hereinabove, the applicant shall redeposit his passport with the learned Trial Court, within a period of one week. Upon the passport being deposited and on an application made by the applicant, the learned Sessions Court shall return the amount of Rs. 5,00,000/- to the applicant.

(iii) In case the applicant does not return to India or violates any of the conditions above, it would be open for the learned Sessions Court to appropriate the amount of Rs.5,00,000/-, in addition to other steps which the learned Trial Court would take in accordance with law.

6. With the above observations and directions, the present application stands disposed o