MANSUKHBHAI @ MANUBHAI VALLABHBHAI BORAD (PATEL)versusSTATE OF GUJARAT

     R/SCR.A/8559/2025                            JUDGMENT DATED: 27/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8559 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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             Approved for Reporting              Yes         No

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        MANSUKHBHAI @ MANUBHAI VALLABHBHAI BORAD (PATEL)
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR BHARAT T RAO(697) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
MR HARSH SHAH ADV FOR THE RESPONDENT NO.2
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 27/02/2026
                             ORAL JUDGMENT
1.       Rule. Learned advocates waive service of notice of rule for
the respective respondents.


2.       By way of the present application the applicant has prayed
to quash and set aside the order dated 02.06.2025 passed by the
learned 4th Additional Sessions Judge, Gandhinagar at Kalol in
Criminal Misc. Application No. 167 of 2025 (Annexure-L),
whereby the said application came to be rejected, and to further
permit the applicant to visit Canada for the purpose of obtaining
permanent residency (P.R.) and to direct temporary release of the
applicant’s passport.


3.       Learned advocate for the applicant submits that against



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the       present        applicant,    a     complaint          being     C.R.     No.
11216022230049 of 2023 has been registered with Kalol Taluka
Police Station for the offences punishable under Sections 394,
395, 397, 120B, 506(2) and 114 of the Indian Penal Code, as
well as Section 135 of the Gujarat Police Act. It further submits
that the applicant was initially granted anticipatory bail in
Criminal Misc. Application No. 70 of 2023 vide order dated
06.02.2023. However, on account of his failure to comply with
Condition No. 2(D) imposed therein, the application for releasing
passport filed by the applicant came to be rejected. Thereafter,
the applicant preferred Criminal Misc. Application No. 2572 of
2025 before this Court seeking anticipatory bail, which came to
be allowed vide order dated 05.02.2025. At present, the
applicant seeks permission to travel to Canada for the purpose of
obtaining Permanent Residency (P.R.) and has prayed for release
of his passport for a period of 180 days.


4.       Mr.     Harsh     Shah,      learned        advocate    for    the   original
complainant, has vehemently opposed the grant of the present
application. He has submitted that the applicant has not
complied with the conditions previously imposed upon him and
that the present request is made only to thwart further
proceedings before the trial Court. It is contended that the
applicant intends to obtain release of his passport in order to flee
from justice and settle in Canada. It is further submitted that, if
the passport is released, the possibility cannot be ruled out that
the applicant may not remain present before the trial Court.
Learned advocate has pointed out that even earlier, at the time
of grant of anticipatory bail, the applicant failed to comply with



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     R/SCR.A/8559/2025                                JUDGMENT DATED: 27/02/2026




the conditions imposed by the trial Court. Considering his
conduct, the trial Court, vide order dated 02.06.2025 passed in
Criminal Misc. Application No. 167 of 2025, rejected his request
for release of the passport. Attention is drawn to paragraph 6 of
the said order, wherein it has been observed that, as per the
conditions imposed upon the applicant in Criminal Misc.
Application No. 70 of 2023 by the learned Additional Sessions
Judge, Kalol, the applicant was required to surrender his
passport before the trial Court and was not to leave India
without prior permission of the Court. However, the applicant
neither surrendered his passport nor obtained prior permission
before travelling abroad. Despite repeated orders and warnings
issued by the Court, the applicant did not return to India nor
surrender his passport for several months. Therefore, it is prayed
that the present application be dismissed.


5.       Ms. Shruti Pathak, learned APP, has supported the
submissions made by the learned advocate for the complainant
and has opposed the grant of the present application. She has
submitted that, if the passport is released, there is a strong
likelihood that the applicant may flee from justice and settle in
Canada, as his earlier conduct clearly reflects his intention and
actions.        Therefore,   she   has    requested     that     the     present
application be dismissed.


6.       Having heard the learned advocates for the respective
parties and upon perusal of the record, it appears that a
discharge application has been filed by accused No. 1; however,
the present applicant, who is accused No. 2, has not filed any



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such discharge application. It further appears that there was
some dispute with regard to the observations made by the
learned trial Court that, despite repeated orders and warnings
issued by the Court, the applicant did not return to India nor
surrender his passport for several months.


7.       This Court, vide order dated 13.02.2025, called for a report
from the learned trial Court regarding the progress of Sessions
Case No. 28 of 2024, including a report concerning the
participation of accused No. 2 (the present applicant) and the
present stage of the trial. The report was also directed to specify
how many times accused No. 2 had remained absent and
whether any warrants had been issued against him to secure his
presence. Pursuant thereto, the Sessions Court has placed its
report on record. The sum and substance of the said report
submitted by the Sessions Court is that “Thus the accused
persons and complainant side always try to delay the proceeding
by same on the other way.”.


8.       In view of the above, it appears that the accused alone is
not responsible for the delay in the trial, and that the
complainant              has   also   contributed     to    the    delay      of    the
proceedings. Therefore, considering the conduct of both the
parties, the present petition deserves to be considered, subject to
stringent conditions.


9.       Considering the aforesaid facts and circumstances, the
present application is partly allowed. Condition No. (2) D
imposed by the learned Additional Sessions Judge, Gandhinagar


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at Kalol in Criminal Misc. Application No. 70 of 2023 vide order
dated 06.02.2023, namely: “Shall surrender his passport, if any,
before the concerned Court within a week and, in absence thereof,
shall file an affidavit declaring the said fact before the learned
Trial Court. The applicant shall not leave the country without prior
permission of the learned Trial Court.” is hereby suspended for
the period from 09.03.2026 to 08.06.2026 and the applicant
is permitted to visit Canada during the aforesaid period. The
appliant shall surrender his passport before the learned trial
Court within two weeks of his return, and in any case not later
than 15.06.2026, subject to the following terms and conditions:

          (a) The applicant shall furnish his detailed travel
          itinerary to the learned Trial Court as well as to the
          concerned Police Station prior to leaving the
          country, including the addresses of the places to be
          visited and the contact telephone numbers and
          emial address and shall hae to keep active all
          cell/contact numbers and emial address. He shall
          also provide all relevant travel documents to the
          learned Trial Court and the concerned Police
          Station. The applicant shall not change his local
          address as well as Canada where he is going to stay
          during the period of travel without prior intimation
          to the learned Trial Court.

          (b) The applicant shall deposit an amount of Rs.
          5,00,000/- before the learned Trial Court along
          with one solvent surety of the like amount. Upon
          such deposit, the concerned authority shall release
          the applicant’s passport.


          (c) The learned Trial Court is directed to invest the
          deposited amount in a Fixed Deposit Receipt (FDR)
          in any nationalized bank for a period of one year.
          The applicant shall surrender his passport on or
          before 15.06.2026. Upon surrender of the passport
          within the stipulated time, the learned Trial Court

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                shall release the deposited amount to the applicant
                along with accrued interest.


                (d) During the aforesaid period, the applicant shall
                mark his presence before the learned Trial Court
                through his learned advocate and shall not dispute
                any proceedings conducted in his absence during
                such period.


                (e) The learned Trial Court shall be at liberty to
                permit the applicant to appear through virtual
                mode, if his physical presence is required, then he
                shall have to appear in person before the learned
                trial Court irrespective of any period gratned by
                this Court. The applicant shall file an undertaking
                before the learned Trial Court stating that he shall
                not challenge or dispute any order passed or
                proceedings conducted in his absence or through
                virtual mode during the said period.


                (f) In case of breach of any of the above conditions,
                the complainant shall be at liberty to initiate
                appropriate proceedings before the learned Trial
                Court, including proceedings for declaring the
                applicant as absconding.


  10.       Rule is made absolute to the above 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 27/02/2026 17:38:28




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