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. 13522 of 2020 ==========================================================

YUSUFBHAI ISMAILBHAI MOTIWALA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1 MR J KSHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 05/03/2026

IA ORDER

1. Heard learned Advocate Mr. Jigar Patel for learned Advocate Ashish M. Dagli for the applicant and learned APP Mr. J.K. Shah appearing on behalf of the Respondent – State.

2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent – State.

3. By way of this application, the applicant has sought for modification of Condition Nos. 6(f), (g), and (h) imposed by the Coordinate Bench vide its order dated 6.11.2020 in Criminal Miscellaneous Application No. 13522 of 2020 while granting Regular Bail. The said Condition Nos. 6(f), (g) and (h) reads as under:

"(f) not leave State of Gujarat without prior permission of the trial Court;

(g) surrender passport, if any, before the trial Court within a week. If he does not possess passport, he shall file an affidavit to that effect.

(h) mark presence before the concerned police station on every 1^st day of the English calendar month between 11:00 a.m. and 2:00 p.m. for a period of one year or till the trial is over, whichever is earlier;"

4. Learned Advocate for the applicant would submit that the applicant is desirous of going abroad and wants to leave India for his own medical treatment which is going on in USA. Learned Advocate would submit that the applicant is permanent resident of India and the entire family of the applicant is also residing in USA since long time and the applicant is also visiting frequently USA since he is having green card and as and when permission was given to travel abroad, the applicant returned back from time to time and has not misused any condition at any point of time and currently on account of health issues he is required to visit USA and since the family of the applicant is residing in USA he intends to take treatment in presence of his family at USA.

5. Learned APP has opposed the application and would submit that the prayer of the applicant may not be considered as he is a green card holder and it would be difficult to procure his presence for facing the trial.

6. Considering such a position and considering the submissions made by learned Advocate for the applicant, while this Court is inclined to consider this application, more particularly since the applicant, aged around 65 years, is required to go USA for the purpose of his own medical treatment and his family members are residing in the said country, yet, appropriate safeguard are required to be imposed so as to ensure that the applicant attends the trial, as and when required.

7. Having regard to the same, the following directions are issued.

(i) Condition Nos. 6(f), (g) and (h) imposed by the Coordinate Bench of this Court vide order dated 06.11.2020 passed in Criminal Misc.

Application No. 13522 of 2020, are suspended till the 15^th March, 2027.

(ii) The applicant shall furnish his residential address of USA, Email ID and Phone/Mobile numbers, which he will be using in USA to the learned Trial Court as well as to the Investigating Officer and whereas in case the presence of the applicant is necessary during the course of trial, upon an appropriate intimation being sent by the learned Trial Court/Public Prosecutor by way of Email/SMS Notification, then irrespective of the conditions are suspended, the applicant shall return to India within a period of four weeks from the date of receipt of the Email/SMS, without fail, for the purpose of attending the trial. It would not be open for the applicant to take a contention that