IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC. APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 In CRIMINAL MISC. APPLICATION (FOR SUSPENSION OF SENTENCE)

NO. 1 of 2024 In R/CRIMINAL APPEAL NO. 2774 of 2024 ==========================================================

SURESH UGARCHAND GADHECHA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR JIGAR D DAVE(6528) for the PETITIONER(s) No. 1 MR. BHARGAV PANDYA, APPA for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 15/04/2026

IA ORDER

1. Rule. Learned APP Mr. Bhargav Pandya waives service of notice of rule for and on behalf of the respondent No.1 – State and learned advocate Mr. R.C.Kodekar waives service of notice of rule for and on behalf of the respondent No.2- CBI.

2. The present application has been filed by the applicant with the following prayers:

“7(B) Your Lordship may be pleased to allow the said application by suspending condition No.12(b) in the order dated 05-12-2024 in the Criminal Appeal No.2774 of 2024 by which the present applicant is to be allowed to travel abroad for period starting from dated 10-04-2026 till dated 10-07- 2026 and further be pleased to allow the present petitioner to renew his passport and further be pleased to direct the CBI Court No.1, City Sessions Court, Ahmedabad to return the Passport to the applicant forthwith and also be pleased to permit the applicant to fly for Dubai for the said period in the interest of justice.

(C) Pending admission, hearing and final disposal Your Lordships may be pleased to keep in abeyance the condition No.12(b) passed in Criminal Appeal No.2774 of 2024.”

3. Learned advocate Mr.Jigar Dave appearing for the applicant has submitted that the present applicant intends to visit Dubai during the period from 10.04.2026 to 10.07.2026 to look after his business in Dubai, where he is the CEO of M/s. Anubhuti Metcom Pvt. Ltd., and to meet his daughter, who is residing in Dubai. It is submitted that the copies of the residential proof and passport of the daughter of the present applicant as well as other relevant documents of the company are annexed along with the application.

4. Learned advocate Mr.R.C.Kodekar and learned APP Mr. Bhargav Pandya, while opposing the present application, have submitted that appropriate orders may be passed by this Court.

5. Having gone through the memo of the application as well as the submissions canvassed by learned advocate for the applicant and having perused the documents on record as well as the order dated 05.12.2024 passed in Criminal Misc. Application No. 1 of 2024 in Criminal Appeal No.2774 of 2024, whereby this Court has suspended the sentence imposed upon the present applicant, the present applicant deserves consideration.

6. In view of the aforesaid, the present application is allowed. The applicant is permitted to visit Dubai from 10.04.2026 to

10.07.2026, on the following conditions:

(a) The applicant is permitted to obtain his passport from the concerned trial Court. The trial court concerned shall release his Passport bearing No. N-7494444 deposited by him with the trial court concerned, in connection with the CBI Special Case No. 9 of 2009, for a period of 03 months, i.e. from 10.04.2026 to 10.07.2026.

(b) The applicant shall produce the itinerary of his entire travel programme before the trial Court.

(c) The applicant shall be at liberty to visit Dubai upto

10.07.2026 (d) The applicant shall on his return from abroad, immediately surrender his passport within a week before the trial Court, without fail.

(e) The applicant shall deposit an amount of Rs.1,00,000/-

before the trial court concerned, and if any amount has already been deposited by him with the trial court, the same shall be taken into consideration and the remaining deficit amount shall have to be deposited by him with the trial court concerned.

Direct service is permitted.

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