VASAVDATTA ATULBHAI BHATTversusSTATE OF GUJARAT

      R/SCR.A/11659/2026                                      ORDER DATED: 13/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
                    CONDITION) NO. 11659 of 2026

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                           VASAVDATTA ATULBHAI BHATT
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR PK JANI, Senior Advocate assisted by MS. RITIKA(14645) for the
Applicant(s) No. 1
SHIVANG P JANI(8285) for the Applicant(s) No. 1
MS SHRUTI PATHAKL APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 13/08/2026
                                    ORDER


1.       Mr. P.K. Jani, learned Senior Advocate, assisted by Ms.
Ritika and Mr. Shivang P. Jani, learned Advocates appearing for
the applicant, and Ms. Shruti Pathak, learned APP appearing for
the respondent-State.


2.       The present application is filed by the applicant seeking the
following relief:


         “(C) This Hon'ble Court may be pleased to delete condition
         no. 2-D imposed upon the applicant vide judgment and order
         dated 08th September, 2022 passed by the Learned
         Additional Sessions Judge, Gandhinagar at Kalol in
         Criminal Miscellaneous Application No. 451 of 2022.”



3.       It appears that the present applicant, a Notary, was
arraigned as an accused in connection with the offence
registered        with     Sarkhej   Police        Station,    being     I-C.R.         No.


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11216025210071 of 2022, for the offences punishable under
Sections 465, 467, 468, 471 and 120B of the Indian Penal Code.
It also appears that, being a Notary and having notarized the
document in question, the applicant came to be arraigned as an
accused. The applicant, therefore, approached this Court, and
pre-arrest bail came to be granted in her favour. At the relevant
time, Condition No. (2) D was imposed vide order dated
08.09.2022 passed in Criminal Miscellaneous Application No.
451 of 2022, whereby the applicant was directed to surrender
her passport, if any, before the concerned Court within one week
and, in the absence of a passport, to file an affidavit before the
learned Trial Court declaring the said fact. The applicant was
further      directed     not   to   leave     the   country    without       prior
permission of the learned Trial Court.


4.      It is submitted that the applicant has duly complied with
the aforesaid condition and her passport is already deposited
with the concerned Court. It is further submitted that, except for
notarizing the document in question, no specific role is
attributed to the present applicant.


5.      It is also submitted that, in view of the bar contained
under Section 13 of the Notaries Act, 1952, no proceedings could
have been initiated against the applicant in the absence of the
requisite sanction. The applicant has already approached this
Court by filing Criminal Miscellaneous Application No. 25199 of
2024, which is pending consideration and vide order dated
06.01.2025, further proceedings have been stayed by the



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Coordinate Bench of this Court.


6.      It is submitted that the applicant is a senior citizen aged
about 75 years and is a practicing advocate. She now intends to
settle abroad and reside with her two daughters. It is further
submitted that, as and when her presence is required before the
learned Trial Court, she shall either mark her presence through
virtual mode or through her advocate. An assurance has also
been given that, in the event the trial proceedings are required to
be continued and her personal presence is directed by the
learned Trial Court, she shall remain present before the
concerned Court.


7.      Having regard to the facts and circumstances of the case,
and considering the age of the applicant as well as the fact that
her passport is already deposited with the concerned Court,
Condition No. (2) D imposed vide order dated 08.09.2022 is kept
in abeyance for a period of five years from today on the following
condition:

        (a) As and when her presence is required, the applicant
        shall remain present before the concerned Court, either
        through virtual mode or through her learned advocate, as
        may be directed by the learned Trial Court.

        (b) The applicant shall not raise any objection to or dispute
        any order that may be passed by the learned Trial Court in
        her absence, in accordance with law, during the period
        when her personal presence is not insisted upon.”




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8.       It is, however, clarified that the learned Trial Court shall
have the liberty, in case of necessity, to relax or modify the
aforesaid condition and/or to direct the applicant to appear in
person before the concerned Court as and when required.


9.       In view of the above, the present application stands allowed
to the aforesaid extent. Direct service is permitted.




                                                                  (HASMUKH D. SUTHAR,J)
ALI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:19:37




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