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NEUTRAL CITATION

R/CR.RA/1714/2024 IA ORDER DATED: 08/05/2026

0.7779395515193082

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2025

In R/CRIMINAL REVISION APPLICATION NO. 1714 of 2024

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PANKAJ MANEKLAL DEVASHRAYI

Versus

STATE OF GUJARAT & ORS.

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Appearance:

MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1

MR CHINMAY M GANDHI(3979) for the RESPONDENT(s) No. 2

MS RUMI M GANDHI(3472) for the RESPONDENT(s) No. 2

MR KARDIK SONI APP for the RESPONDENT(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 08/05/2026

IA ORDER

1. The applicant has made a prayer for releasing the

passport. The order dated 19.04.2018 passed by the

Additional Chief Metropolitan Magistrate, Court No.15,

Ahmedabad in Criminal Case No.434 of 2012, has recorded

that after completion of the appeal period, the original

passport of the accused deposited as muddamal was to be

handed over to the accused.

2. The conviction was challenged before the Additional

Sessions Judge, Ahmedabad and by an order dated

28.10.2024, the order of the Metropolitan Magistrate came to

be upheld.

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NEUTRAL CITATION

R/CR.RA/1714/2024 IA ORDER DATED: 08/05/2026

0.7779395515193082

3. Learned advocate Mr. Virat G.Popat for the applicant

has submitted that against the order of concurrent finding of

conviction and sentence, the applicant has moved the revision

application, wherein by an order dated 19.11.2024, the

interim relief of suspending the sentence was granted and

thus, submitted that there is no condition of depositing the

passport.

4. Learned Advocate Mr. Chinmay M.Gandhi for the

respondent No.2 vehemently opposed the same and submitted

that considering the age of the applicant, who is facing the

conviction, the prayer ought not to be granted, since the

liberty of allowing the applicant to hold the passport, would

permit him to move away from the territory of India and settle

in foreign country and the rights of the complainant, thus, get

prejudice, as it is the matter under section 406 of IPC, and

there is involvement of amount of Rs.55 Lacs.

5. Having considered the arguments and noticed the fact

that the Metropolitan Magistrate had ordered to hand over

the passport to the accused and the order has been upheld by

the appellate Court, and in the present revision application,

there is no such condition laid down of depositing the

passport.

6. In view of the above, the passport of the applicant be

handed over to the applicant on verification of the identity.

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NEUTRAL CITATION

R/CR.RA/1714/2024 IA ORDER DATED: 08/05/2026

0.7779395515193082

7. It is made clear that as and when the applicant proposes

to travel abroad, he would have to inform the registry of this

Court with itinerary.

8. In view of the above, the present application stands

disposed of.

(GITA GOPI,J)

Pankaj/65

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