High Court of Gujarat

JAYESHBHAI GOVINDBHAI BALARversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The court allowed the modification, permanently deleting conditions 4 and 7 of the bail order and directing the passport to be released with new reporting conditions.

Summary

The applicant, Jayeshbhai Govindbhai Balar, was granted regular bail in 2012 for an FIR filed in 2008 under Sections 406, 420, 465, 467, 468, 471 and 120B of the IPC. The bail order imposed conditions that he could not leave Gujarat without court permission and had to surrender his passport. After fourteen years of pending trial, the applicant sought permanent deletion of these two conditions to enable frequent foreign travel for his diamond business, asserting full compliance with the original terms. The State argued that the applicant should continue to produce travel documents but did not allege any breach of the conditions. The court found no evidence of non‑compliance and, considering the applicant’s need to travel, allowed the modification, deleting conditions 4 and 7 and ordering the passport to be released permanently subject to new reporting requirements. The remaining bail conditions were left unchanged.

Issues considered

Whether the conditions restricting the applicant’s travel and requiring surrender of his passport can be permanently deleted.
Whether the applicant has breached any of the existing bail conditions.
Whether the court may impose alternative conditions to monitor the applicant’s travel abroad.

Legislation cited

Indian Penal Code, 1860s. 120B, s. 406, s. 420, s. 465, s. 467, s. 468, s. 471

Subjects

bail modificationpassport surrendertravel abroadIndian Penal Codecriminal trialcourt conditionscompliance

Judgment

     R/CR.MA/16085/2026                                      ORDER DATED: 16/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION ORDERS) NO.
                            16085 of 2026
==========================================================
                  JAYESHBHAI GOVINDBHAI BALAR
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MALAY S PATEL(8901) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
=========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 16/07/2026

                                         ORDER

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

2.      This application is filed for modification of Condition Nos. 4 and 7 of
regular bail order dated 11.04.2012 imposed by learned 5 th (Ad-Hoc)
Additional Sessions Judge, Surat, in Criminal Misc. Application No.857/2012.
Condition No. 5(g) of the order dated 26.07.2011 read as under :-

                “4.       not leave the local limits of State of Gujarat without
                the prior permission of the Court.

                7.        surrender their passport, if any, to the lower court. In
                case, they are not having any passport, may file affidavit to
                that effect within a weeke.”

3.      Mr. Patel, learned advocate appearing for the applicant, has
submitted that FIR came to be filed against the applicant for the offence
under Sections 406, 420, 465, 467, 468, 471 and 120B of IPC at Umara Police
Station, being C.R.No.777/2008. Pursuant to the same, the applicant filed
Regular Bail application being C.R.M.A No. 857/2012 before the Court of



                                        Page 1 of 3
     R/CR.MA/16085/2026                                 ORDER DATED: 16/07/2026




learned Additional Sessions Judge, Surat, which came to be allowed vide
order dated 11.04.2012 with certain conditions. Out of those conditions,
Condition Nos.4 and 7 were imposed upon the applicant and applicant has
complied with the conditions. It is submitted that trial is pending since 2008
and it is at the stage of process to the co-accused. Trial is not started yet. It
is submitted that, the applicant is doing diamond business and needs to
travel abroad frequently for his business purpose. It is submitted that the
earlier the applicant many times visited foreign countries after getting
permission from the concerned Court and returned in time and has not
breached any of the conditions. Since last 14 years, the matter is
proceedings and as and when the applicant needs to visit abroad, he has to
ask permission from the Court and therefore, he urged that the present
application may be allowed and his passport may be released permanently
by imposing any suitable condition.

4.       Learned APP appearing for the respondent – State has 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.       Considering the above facts, this application is allowed. Condition
Nos. 4 and 7 of regular bail order dated 11.04.2012 imposed by learned 5 th
(Ad-Hoc) Additional Sessions Judge, Surat, in Criminal Misc. Application


                                    Page 2 of 3
       R/CR.MA/16085/2026                                                       ORDER DATED: 16/07/2026




No.857/2012 is hereby deleted permanently. Rest of the conditions of order
dated 11.04.2012 remains unaltered. Over and above the same, the
following conditions are hereby imposed :-

                     (a) the Court concerned shall release and handover the
                     passport to the applicant permanently;

                     (b) 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.
                     (c)      furnish Aadhaar card, email ID, SIM Card No./present
                     address of his residence to the Investigating Officer and also
                     to the Court at the time of execution of the bond and shall not
                     change        the       residence/contact             number          without         prior
                     permission of Trial Court;
                     (c)      Applicant shall mark his presence and proceed with trial
                     through his advocate and shall not dispute his absence.

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



                                                                           (HASMUKH D. SUTHAR,J)


SUCHIT




     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 16/07/2026 14:31:26

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