High Court of Gujarat

PRITHVIRAJ SAREMAL KOTHARI S/O. SAREMAL KOTHARIversusUNION OF INDIA

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: M R MENGDEY

Holding

The petition is allowed; the petitioner may travel abroad and the passport is to be released, with the Rs.10 lakhs deposit treated as security and subject to conditions.

Summary

The petitioner, Prithviraj Saremal Kothari, filed a special criminal application seeking the release of his passport, which was in custody, to enable travel abroad for a business summit and sports event from 24‑08‑2026 to 30‑08‑2026. He argued that the trial had been transferred to Surat but not yet assigned, creating urgency, and that a prior security deposit of Rs.10 lakhs could be treated as security for the present relief. The respondents opposed the petition, filing an affidavit. The Court examined whether interim relief could be granted without prejudice to the pending criminal proceedings and whether the earlier deposit could serve as security. Finding the petitioner’s urgency justified and the security deposit sufficient, the Court allowed the petition, directing the passport be handed over, permitting travel, and imposing conditions for its return and itinerary submission.

Issues considered

Whether the petitioner is entitled to interim relief for release of his passport and permission to travel abroad pending assignment of the trial.
Whether the previously deposited Rs.10 lakhs can be deemed as security for the interim order.
Whether such direction can be issued without prejudice to the pending criminal application.

Subjects

passportinterim reliefcriminal applicationsecurity deposittravel abroadhigh courtspecial courtdirectionpending trial

Judgment

 R/SCR.A/12352/2026(GJHC240639412026)                      ORDER DATED: 21/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO.12352 of 2026

==========================================================
         PRITHVIRAJ SAREMAL KOTHARI S/O. SAREMAL KOTHARI
                              Versus
                       UNION OF INDIA & ORS.
==========================================================
Appearance:
MR HARDIK P MODH(5344) for the Applicant(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
MR RAJESH K KANANI(2157) for the Respondent(s) No. 2
MS. DHWANI TRIPATHI, APP for the Respondent(s) No. 3
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                   Date : 21/08/2026

                                        ORDER


1.      By filing the present petition, learned Advocate appearing for the
petitioner has prayed for the following reliefs: -

        “A. YOUR LORDSHIPS may be pleased to issue an appropriate writ,
        order or direction directing the Ld. Special Court and Principal District
        Judge, Surat and/or the concerned authority to forthwith release and
        hand over the passport of the Petitioner presently lying in custody
        pursuant to Custody No. 214/2026, so as to enable the Petitioner to
        travel abroad;

        B.     YOUR LORDSHIPS may be pleased to permit the Petitioner to
        travel to Sri Lanka and London during the period from 24.08.2026 to
        30.08.2026 for attending the JITO Premier League at Colombo, Sri
        Lanka and the JITO Business Summit at London, respectively, on such
        terms and conditions as this Hon'ble Court may deem fit and proper;

        C.     PENDING admission, hearing and final disposal of the present
        Petition, YOUR LORDSHIPS may be pleased to grant ad-interim relief
        in terms of prayers (a) and (b) above and direct immediate release of the
        Petitioner's passport, considering that the Petitioner is scheduled to
        depart for Sri Lanka on 24.08.2026 and the application pending before


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 R/SCR.A/12352/2026(GJHC240639412026)                     ORDER DATED: 21/08/2026




       the Ld. Special Court, Surat has been adjourned to 25.08.2026;

       D.     YOUR LORDSHIPS may be pleased to clarify that the aforesaid
       temporary release of passport and permission to travel shall be without
       prejudice to the rights and contentions of the parties in Criminal Misc.
       Application No. 5921 of 2026 pending before the learned Special Court
       and Principal District Judge, Surat;

       E.     YOUR LORDSHIPS may be pleased to grant such other and
       further reliefs as may be deemed just and proper in the facts and
       circumstances of the present case.”


2.     Learned Advocate appearing for the petitioner submits that the petitioner
is required to travel Sri Lanka and London from 24.08.2026 to 30.08.2026. The
proceedings of the trial have been recently transferred to the Court at Surat
pursuant to the notification issued by the Government of India. However, since
after the transfer, the case is not assigned to any Court, and therefore, the
petitioner is constrained to approach this Court by filing the present petition
since there is an urgency on the part of the petitioner. He submitted that
previously the petitioner has been permitted to travel abroad subject to certain
conditions. One of them being deposit of amount of Rs.10 lakhs. The amount
of Rs.10 lakhs deposited by the petitioner earlier is still lying with the
concerned Court which may be considered as security deposit for the present
matter also. He further submitted that the petitioner is ready and willing to
comply with any conditions imposed by this Court. He, therefore, submitted to
allow the present petition.


3.     Learned Advocate Mr. Priyam D. Brahambhatt appearing on behalf of
learned Advocate Mr. Rajesh Kanani appearing for the respondent has opposed
the present petition. He has also filed an affidavit of Respondent No.2 on
record which is ordered to be taken on record.


4.     Heard learned Advocates for the parties. Having regard to the cause


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    R/SCR.A/12352/2026(GJHC240639412026)                                            ORDER DATED: 21/08/2026




  shown in the petition, the petition is hereby allowed. The petitioner is hereby
  permitted to travel abroad for the period commencing from 24.08.2026 to
  30.08.2026 and the passport of the petitioner is ordered to be handed over to
  him forthwith. The amount of Rs.10 lakhs which has deposited by the
  petitioner with the concerned Court, shall be considered as security deposit for
  the present order also. The petitioner shall redeposit his passport before the
  concerned Court within a period of one week from his return i.e. 30.08.2026.
  The petitioner shall furnish detailed travel itinerary to the concerned Trial
  Court before traveling abroad. The passport of the petitioner shall be handed
  over to the authorized Advocate (Mr. Gopalsingh) appearing for the petitioner.
  Direct service is permitted today.



                                                                                   (M. R. MENGDEY,J)
  RAVI OZA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 21/08/2026 16:18:52




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