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2026 Supreme(Online)(Guj) 12789
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vimal K. Vyas, J
BALUBHAI LALLUBHAI SURTIV/sSTATE OF GUJARAT
CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 | CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2025 | R/CRIMINAL APPEAL NO. 567 of 2025
For the Appellants/Petitioners: Kunal S Shah
For the Respondents: Tirthraj Pandya
The Court may temporarily relax travel restrictions imposed during the suspension of a sentence for humanitarian reasons (family visits), subject to the submission of a travel itinerary and the subsequent surrender of the passport.
Headnote:(A) Suspension of Sentence - Modification of Conditions - Travel abroad - The Court may exercise its discretion to temporarily suspend a condition prohibiting travel outside India to allow an applicant to visit family members abroad, provided safeguards such as submission of a detailed itinerary and surrender of passport upon return are implemented. (Para 7, 8)
Issues: Whether the condition restricting the applicant from leaving India should be modified to allow travel to visit his daughters in the USA and Canada.
| Table of Content |
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| 1. procedural application for the modification of a specific condition prohibiting travel abroad during the suspension of sentence. (Para 1 , 2 , 3) |
| 2. the applicant's request to visit daughters abroad versus the state's general opposition. (Para 4 , 5) |
| 3. granting temporary suspension of travel restrictions contingent upon itinerary submission and passport surrender. (Para 6 , 7 , 8 , 9) |
IA ORDER
1. Rule. Learned APP waives service of notice of Rule for and on behalf of the Respondent – State.
2. The applicant has preferred the present application for modification/relaxation of the condition No. 14(b) imposed by this Court while allowing the application seeking suspension of sentence being Criminal Misc. Application No.1 of 2025 in Criminal Appeal No.567 of 2025 for a period of one year. The same reads thus :
“14(b) he shall not leave India without the prior permission of this Court.”
3. Heard learned advocate Mr. Kunal S. Shah appearing for the applicant and learned APP Mr. Tirthraj Pandya appearing on behalf of the Respondent - State.
4. Learned advocate Mr. Shah appearing for the applicant has submitted that the applicant is desirous to go abroad to meet his daughters residing in USA and Canada, respectively.
5. Per contra, learned APP appearing for the respondent – State, while opposing the application, has requested to pass appropriate orders.
6. This Court has considered the submissions canvassed by the learned advocate for the applicant and the learned APP for the State and has also perused the materials placed on record.
7. On the facts and in the circumstances of the case, the present application is partly Allowed. The condition No. 14(b) imposed by this Court in Criminal Misc. Application (for suspension of sentence) No. 1 of 2025 in Criminal Appeal No. 567 of 2025 vide order dated 04.03.2025, is suspended for a period of one year from the date of this order. The applicant shall surrender his passport immediately within a period of one week on his return from abroad. Rest of the conditions shall remain intact.
8. The applicant is also directed to furnish the complete itinerary of the tour programme before the concerned trial Court. The trial Court shall hand over the passport to the applicant for the aforesaid period.
9. Rule made absolute to the aforesaid extent. Direct service is permitted.
