High Court of Gujarat

PRAKASHBHAI CHANABHAI MAHESHWARIversusSTATE OF GUJARAT

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

Holding

The bail condition No.2(f) is modified to restrict the accused from entering Mota Kapaya and from contacting the complainant or victim, with all other conditions remaining unchanged.

Summary

Prakashbhai Maheshwari, an accused on regular bail in a criminal case (FIR No.11205032260627), sought modification of condition No.2(f) that barred him from entering Mundra Taluka, which impeded his driving work at Mundra Port. He proposed a narrower restriction limiting his entry only to the Mota Kapaya area where the complainant resides. The State opposed, fearing breach of public tranquility and possible tampering of evidence. The Court examined the bail conditions and the applicant's livelihood concerns, finding the original restriction excessive. It modified condition No.2(f) to prohibit the applicant from entering Mota Kapaya and from contacting the complainant or victim, while keeping other conditions intact. The application for modification was allowed.

Issues considered

Whether the bail condition prohibiting the accused from entering Mundra Taluka can be modified to a narrower restriction without jeopardising public tranquility or evidence tampering.

Subjects

bailmodification of bail conditionscriminal procedurepublic tranquilityevidence tamperinglivelihoodspecial criminal application

Judgment

     R/SCR.A/9987/2026                               ORDER DATED: 07/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
                  CONDITION) NO. 9987 of 2026
==========================================================
             PRAKASHBHAI CHANABHAI MAHESHWARI
                               Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 07/08/2026
                                 ORDER

1.     RULE. Learned APP waives service of notice of rule on behalf of
respondent-State.

2.     By way of the present application, the applicant is seeking
modi:cation / deletion of condition No.2(f) imposed vide order dated
04.05.2026 passed in Criminal Misc. Application No.575/2026 by the learned
Additional Sessions Judge, Bhuj-Kachchh while enlarging the applicant –
accused on regular bail in connection with FIR being CR No.11205032260627
of 2026 registered with Mundra Police Station, District Kachchh.

3.     Learned advocate for the applicant has submitted that the applicant
is engaged in the profession of driving and is getting work at Mundra Port
and because of condition No.2(f) of the order dated 04.05.2026 imposed by
the learned Sessions Judge, he is not able to get work and therefore, has
requested to modify the condition No.2(f) and upon instructions submitted
that applicant will not enter into Mota Kapaya area where the complainant
resides. Therefore, he has submitted that the application be allowed.

4.     Learned APP has opposed the present application and submitted that


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       R/SCR.A/9987/2026                                                        ORDER DATED: 07/08/2026




applicant can :nd work of driving at some other place also since if condition
is modi:ed then there is possibility of breach of public tranquility and
tampering of the evidence cannot be ruled out. Hence, he has requsted to
dismiss the present application.

5.       Considering the submissions made on behalf of the respective parties
and considering the order passed by the learned Sessions Judge, it appears
that earlier the condition was imposed that the applicant shall not enter in
Mundra Taluka till the trial is over however, since the applicant is engaged in
driving profession and gets work at Mundra port, impugned condition
No.2(f) of the order dated 04.05.2026 is required to be modi:ed in the
interest of justice keeping in view the apprehension of learned APP as
regards breach of public tranquility. Hence, present application deserves
consideration.

6.       In view of the aforesaid discussion, condition No.2(f) of the order
dated 04.05.2026 passed in Criminal Misc. Application No.575/2026 passed
by the learned Additional Sessions Judge, Bhuj-Kachchh is hereby modi:ed
to the extent that till the conclusion of trial, applicant shall not enter into
the vicinity where the complainant and victim of the case are residing i.e.
applicant shall not enter Mota Kapaya till the conclusion of the trial and
shall not contact the complainant and the victim directly or indirectly and
shall not try to tamper with the evidence. Rest of the conditions shall
remain intact.

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


                                                                   (HASMUKH D. SUTHAR, J.)
Ajay
     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2026 14:34:27




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