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NEUTRAL CITATION

R/CR.MA/18057/2023 IA ORDER DATED: 08/05/2026

0.4392819366351879

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. 18057 of 2023

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BRIJESH KANAIYALAL CONTRACTOR

Versus

STATE OF GUJARAT

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Appearance:

MR MAULIK S SHETH(3586) for the PETITIONER(s) No. 1

MR ROHAN RAVAL, APP for the RESPONDENT(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 08/05/2026

IA ORDER

1. Rule. Learned APP waive service of notice of rule on behalf of

respondent-State.

2. By way of the present application, the applicant has prayed to delete

condition No.7(f) imposed by this Court vide order dated 12.10.2023 in

Criminal Misc. Application No.18057/2023 and further be pleased to release

his passport deposited by the applicant before the Court of learned JMFC,

Ahmedabad Rural in light of B Summary report filed b the investigating

OfÏcer and thereby, permit the applicant to leave India for some period as

deem fit by this Court.

3. Mr. Sheth, learned advocate appearing for the applicant has urged

that the applicant is a reputed and renowned architect and since last several

years, he is in this profession. He also applied for Canada visa for his

business purpose and necessary documents are attached with application.

To show his bonafide, he has also annexed copies of the orders passed by

this Court permitting the applicant earlier on several occasion to visit

abroad for some specific period and he has not breached any conditions

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NEUTRAL CITATION

R/CR.MA/18057/2023 IA ORDER DATED: 08/05/2026

0.4392819366351879

therein and reported back to India in time.

Over and above the same, learned counsel for the applicant has

further submitted that ‘B’ summary report is filed by the investigating

ofÏcer which is pending for further consideration before the concerned

jurisdictional Court and till date, order is not passed.

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 will not breach 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. Considering the above facts, this application is allowed. Condition

No. 7(f) imposed by this Court vide order dated 12.10.2023 in Criminal Misc.

Application No.18057/2023 is hereby suspended from 08.05.2026 to

08.05.2027 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

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NEUTRAL CITATION

R/CR.MA/18057/2023 IA ORDER DATED: 08/05/2026

0.4392819366351879

Station.

(b) He shall be returned his passport on depositing Rs.50,000/-

(Rupees Fifty Thousand) before the concerned Trial Court with

one surety before the concerned trial Court. On depositing

such amount, the trial