IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS)

NO. 26355 of 2025 ==========================================================

SHAILESH MANHARLAL MISTRY Versus STATE OF GUJARAT ==========================================================

Appearance:

MR SHIVANG M SHAH(5916) for the Applicant(s) No. 1 MS DHARA M SHAH(5546) 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 : 02/02/2026

ORAL ORDER

1. Heard learned advocate Mr. Shivang M. Shah for the applicant and learned APP Mr. L.B. Dabhi 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 modification of condition No.3 of order dated 21.12.2024 passed by the learned Chief Judicial Magistrate, Navsari, in Criminal Misc. Application No.1768 of 2024, while enlarging the present applicant on regular bail.

4. It would appear that against the said condition, the present applicant had approached the learned Magistrate and whereas vide an order dated 05.03.2025, the learned Magistrate has refused to intervene and whereas the present applicant appears to have preferred Revision Application before the learned Sessions Court, wherein also he was unsuccessful and whereas the applicant has approached this Court against the same.

5. This Court has considered the following aspects:-

(i) The fact of the present applicant not being in India when the complaint had been filed.

(ii) The fact of the complaint itself appearing to be a case where the complainant seeks for specific performance of an agreement, more particularly it appears that the complainant has also filed a Civil Suit.

(iii) The fact of the applicant stated to be regularly employed in South Africa.

(iv) The fact of the applicant ready and willing to deposit an amount of Rs. Five Lakhs with the learned trial Court, which amount would stand as surety for the applicant to attend the trial as and when called for.

6. Considering the submission made by learned Advocate, since it would appear that all aspects remaining the same, more particularly since nothing adverse has been brought to the notice of this Court, the present application is allowed subject to the following conditions:

(i) The applicant shall at the outset, deposit an amount of Rs. Five Lakhs with the learned trial Court, which amount shall stand as surety to attend the trial for the applicant regularly.

(ii) Upon the amount being deposited, the condition No.3 of order dated 21.12.2024 shall stand deleted.

(iii) The applicant to inform the learned trial Court as and when the applicant seeks to travel abroad and whereas the applicant shall strictly return back, on the date which he will give in the itinerary.

(iv) The applicant to give his Email ID and Mobile phone No. to the learned trial Court to the learned trial Court as well as to the Investigating Officer and whereas in case, the presence of the applicant in the trial is required, the applicant shall forthwith, inspite of the date being in middle of his itinerary, attend the trial. In case the applicant does not remain present in the trial without any reasonable cause for three consecutive dates, more particularly without any application for exemption, then it would be open for the learned trial Court to appropriate the amount deposited. In case the present applicant attends the trial regularly, irrespective of the final outcome, the amount in question shall be returned back to the applicant.

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

(NIKHIL S. KARIEL,J)

Y.N. VYAS