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. 1721 of 2019 ======================================================

GHANSHYAMBHAI MOTIRAM PANCHAL Versus STATE OF GUJARAT ======================================================

Appearance:

MR JAYPRAKASH UMOT(3581) for the PETITIONER(s) No. 1 ROHAN SHAH, APP for the RESPONDENT(s) No. 1 ======================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 16/03/2026

IA ORDER

1. The applicant is before this Court seeking the following reliefs:

“to modify/delete Condition No.7(f) of the order dated 19.02.2019 passed by this Hon’ble Court in Criminal Misc. Application No.1721 of 2019, whereby anticipatory bail was granted to the petitioner in connection with FIR being I-C.R. No.279 of 2018 registered with Sector-7 Police Station, Gandhinagar, and further to permit the petitioner to visit Australia for the period commencing from 15.02.2026 to 15.02.2027, and also to direct the learned 11th Additional Civil Judge and Judicial Magistrate First Class, Gandhinagar, to hand over the passport of the petitioner.”

2. Heard, learned advocate Mr. Jayprakash Umot for the applicant and learned APP Mr. Rohan Shah for the respondent–State.

3. Rule. Learned APP Mr. Rohan Shah waives service of Rule on behalf of the respondent–State.

4. Learned advocate for the applicant submitted that the applicant was granted anticipatory bail by this Court vide order dated 19.02.2019 passed in Criminal Misc. Application No.1721 of 2019 on certain terms and conditions. Condition No.7(f) of the said order provides that the applicant shall not leave India without the permission of the Court and shall deposit his passport before the learned trial Court within the stipulated time. It is submitted that the applicant has already deposited/surrendered his passport before the concerned trial Court.

5. Learned advocate for the applicant further submitted that, considering the averments made in the application, the applicant is required to visit Australia from February, 2026 till February, 2027. Therefore, the trial Court may be directed to hand over the passport of the applicant so that he can apply for visa and thereafter be permitted to leave India accordingly. 6. Learned APP Mr. Rohan Shah submitted that the applicant has been enlarged on anticipatory bail by this Court on certain terms and conditions and, therefore, the applicant may approach the concerned trial Court for appropriate permission.

7. Considering the averments made in the application and the submissions canvassed by the learned advocate for the applicant, and also considering the fact that the applicant has not committed any breach of the conditions in the past, the present application deserves to be partly allowed.

8. Condition No.7(f) of the order dated 19.02.2019 passed in Criminal Misc. Application No.1721 of 2019 is hereby suspended till 31.12.2026.

9. The trial Court is directed to hand over the passport of the applicant after proper verification within a period of one week from the date of receipt of this order, on the condition that the applicant shall deposit a sum of Rs.1,00,000/- before the concerned trial Court.

10. The applicant is permitted to leave India from 23.03.2026 and shall return on or before 31.12.2026 after submitting his itinerary along with the details of the place of stay in Australia, period of stay, contact numbers, etc., before the concerned trial Court.

11. The applicant shall surrender his passport before the concerned trial Court in the first week of January, 2027 Upon surrender of the passport after his return, the amount deposited by the applicant shall be returned to him after proper verification. All other conditions of the order dated

19.02.2019 shall remain unaltered.

12. It is clarified that in the absence of the applicant, the trial Court shall proceed with the trial and the applicant shall not se