IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 In R/CRIMINAL MISC.APPLICATION NO. 27085 of 2025 ==========================================================

RABARI (DESAI) DASHRATHBHAI JORABHAI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR.ALOK M THAKKAR(6510) for the PETITIONER(s) No. 1 MR J K SHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 02/04/2026

IA ORDER

1. Learned Advocate Mr. Chirag Aydi submits that learned Advocate Mr. Maulik Soni has instructions to appear on behalf of the original complainant and that he may be permitted to file his Vakalatnama.

Permission is granted.

2. Heard learned Advocate Mr. Alok Thakkar for the applicant, learned APP Mr. J.K. Shah for the respondent-State and learned Advocate Mr. Chirag Aydi for the original complainant.

3. The present application has been preferred inter alia seeking for modification of order dated 23.12.2025 in Criminal Misc. Application No. 27085 of 2025, more particularly insofar as the voluntary statement made by learned Advocate appearing for the applicant at the relevant point of time as regards the depositing of an amount of Rs. 20,00,000/-

with the Baroda Gujarat Gramin Bank, i.e. an amount Rs. 10,00,000/- to be paid to the Bank is question as a pre-condition for release on bail and remaining amount of Rs. 10,00,000/- to be paid within a period of 30 days, from the actual date of release on bail.

4. Learned Advocate Mr. Thakkar for the applicant has tendered an affidavit of the son of the applicant, more particularly submitting that the applicant would be depositing an amount Rs.20,00,000/- as promised, yet, it is submitted that instead of the said amount being deposited with the Bank in question, the applicant may be permitted to deposit the same before the learned Trial Court and whereas it is also submitted that the applicant may be given certain installments. The affidavit is directed to be taken on record.

5. Learned Advocate Mr. Chirag Aydi while opposing the present application, would submit that the applicant may be directed to deposit the amount with the Bank itself, so that the money could be utilized by the Bank.

6. Learned APP Mr. Shah has also vehemently opposed the present application.

7. Considering the above position, since it appears that though a voluntary statement had been made by the learned Advocate for the applicant as recorded vide order dated 23.12.2025, yet, since the said statement could not be complied with for almost more than three months, the applicant has not been released on bail. The same, prima facie would reflect upon the lack of paying capacity of the applicant. Furthermore, since it appears that there are multiple proceedings with regard to the loan in question against the present applicant, the request for depositing the amount with the learned Trial Court is also acceded to.

8. Having regard to the above position, the following directions are passed.

(a) As per the statement made by learned Advocate Mr. Thakkar, the applicant to deposit an amount of Rs. 20,00,000/- (Rupees Twenty Lakhs)

with the learned Trial Court.

(b) The applicant shall deposit an amount of Rs. 2,50,000/- with the learned Trial Court by 04.04.2026 as pre-condition for being released on bail and whereas on the said amount being deposited, the applicant shall be released on regular bail.

(c) The applicant shall file an undertaking before the learned Trial Court, within a period of one week of his release, as regards deposit of the remaining amount of Rs.17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand Only) as per the schedule given in the affidavit by the son of the applicant. In case the said amount is not deposited within the stipulated time mentioned in the said affidavit, it would be open for the learned Trial Court to take appropriate action in