IA ORDER

Rule.

1. Learned APP waive service of notice of rule on behalf of respondent-State.

2. This application is filed seeking modification of Condition No.9 (e) of the anticipatory bail order dated 16.07.2015 imposed by co-ordinate Bench of this Court (Coram: Hon'ble Mr. Justice Z. K. Saiyed, as his Lordship then was) in Criminal Misc. Application No.12475/2015. Condition No.9(e) of the order dated 16.07.2015 read as under :-

“9(e) not leave State of Gujarat without the permission of the Court and, if holding a Passport, he shall surrender the same before the trial Court within a week;”

3. Mr. Rutik P. Desai, learned advocate appearing for the applicant, has urged that the applicant is doing service and he needs to frequently travel abroad. He has further submitted that, on various occasions, the applicant was permitted to travel abroad and has abide by all the terms and conditions as imposed by the Court. He would further submit that the applicant shall give the details about his visit of the foreign countries to the trial Court as well as concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country. Therefore, he urged that the present application may be allowed and passport may be released permanently and the condition No.9(e) may be modified by imposing any suitable condition.

4. Learned APP appearing for the respondent – State has also urged this Court to direct the applicant to produce necessary papers of his visit, however, he confirms that he has not breached any of the conditions at any point of time. He urged to impose strictest conditions, if permitted, as requested for.

5. As can be noted from the record that there is nothing on record to indicate that he has flouted the order or any of the conditions at any point of time. Moreover, the cause ventilated in the present application, certainly would require furnishing of requisite documents and it is submitted by learned advocate for the applicant that requisite documents would be made available by the applicant before the learned Trial Court as well as to the concerned Police Station in due course and as and when, he wants to leave India.

6. It transpires that the applicant had to surrender his passport on 30.04.2026, however, his appointment was fixed by the Netherland VISA Application Center at Ahmedabad on 28.04.2026 at 09:30 a.m. and therefore, the applicant has preferred the present application for suspension of condition No.9 (e) of the anticipatory bail order dated 16.07.2015 imposed by co-ordinate Bench of this Court for further period of five years

7. Considering the above facts, this application is partly allowed. Condition No. 9(e) imposed by co-ordinate Bench of this Court (as above) vide order dated 16.07.2015 in Criminal Misc. Application No.12475/2015 is hereby suspended from 01.05.2026 to 30.04.2027 on the following terms and conditions :

(a) The applicant shall give his travel schedule to the trial Court and the concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country and shall also provide all the related documents to the learned Trial Court as well as to the concerned Police Station.

(b) He shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety before the concerned trial Court, however, if such a deposit is already lying with the Court concerned by virtue of an earlier order, the same shall be treated as deposit in pursuance to this order. The applicant shall deposit the passport with the learned trial Court within a week after returning from the journey. On returning the passport, the learned trial Court shall release the deposited amount of Rs.50,000/- (Rupees Fifty Thousand only) to the applicant.

(c) Applicant shall mark his presence and proceed with trial through his advocate and shall not dispute his absence.

8. Rule is made absolute to the above extent. Direct service is permitted.