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NEUTRAL CITATION

R/SCR.A/4027/2026 ORDER DATED: 06/04/2026

0.46855586986609876

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF

CONDITION) NO. 4027 of 2026 ==========================================================

DILIPBHAI JEMABHAI DHADVI Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Applicant(s) No. 1 MR. KANVA ANTANI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 06/04/2026

ORAL ORDER

1. Looking to the issue involved in the present matter, learned advocates appearing for the parties have jointly requested for disposal of the present petition at

an admission stage and, hence, the present petition is taken up for final disposal.

2. Rule. Learned APP Mr. Kanva Antani waives service of notice of rule for respondent.

3. By this petition under Articles 226 and 227 of the constitution of India read with the provisions of the BNSS, the petitioner has prayed for modification of one of the conditions imposed by the learned Additional Sessions Judge, Surendranagar, while passing an order dated 7.03.2026 in Criminal Misc. Application No. 65 of 2026, by which, the petitioner is directed to furnish bank guarantee equivalent to one and half times of the value of the seized muddamal vehicles, along with bail and bond of

the same amount.

4. Heard learned advocate for the petitioner and learned Additional Public Prosecutor for the respondents.

5. Learned advocate for the petitioner further submitted that the petitioner is the owner of the muddamal vehicles and petitioner is carrying on the business of

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NEUTRAL CITATION

R/SCR.A/4027/2026 ORDER DATED: 06/04/2026

0.46855586986609876

transportation, however as stated above, the muddamal vehicle was seized by the concerned authority on allegation that it was involved in illegal mining and transportation of minor mineral. He further submitted that in fact, the condition imposed by the learned Court concerned is too harsh and it is not possible for the petitioner to fulfill the same. He submits that instead of bank guarantee, petitioner is ready and willing to give solvent surety of the same amount and therefore the said order may be modified to that extent. Learned advocate for the petitioner has relied upon and referred to the orders passed by the Coordinate Bench of this Court and submitted that in similar type of cases, the Coordinate Bench of this Court has passed order, whereby, the concerned owners were directed to furnish solvent surety instead

of bank guarantee.

6. On the other hand, the learned Additional Public Prosecutor has opposed this petition and contended that the Sessions Court has not committed any error while imposing the aforesaid condition and, therefore, this Court may not entertain the

present petition.

7. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it appears that in similar type of cases, the Coordinate Bench as well as this Court has considered the request of the concerned owner to furnish solvent surety instead of bank guarantee. Therefore in the facts of the

present case, the present petition deserves to be allowed.

8. The petition is allowed. The condition imposed by the learned Additional Sessions Judge, Surendranagar, while passing an order dated 7.03.2026 in Criminal Misc. Application No. 65 of 2026, is hereby modified to the extent that the petitioner is permitted to submit a solvent surety of the amount of 1.5 times of the value of the seized muddamal vehicles to the satisfaction of the authority concerned instead of furnishing bank guarantee and bail and bond of the same amount, and upon furnishing such solvent surety, the muddamal vehicles shall be rele