Bombay High Court

VISHAL ANIL PAREKHversusSTATE OF MAHARASHTRA

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court modified the bail attendance condition and ordered the passport to be released for travel, subject to re‑surrender upon return.

Summary

The applicant, Vishal Anil Parekh, filed an interim application seeking the release of his passport and a relaxation of a bail condition that required his monthly appearance at Kasturba Marg Police Station. He argued that the existing conditions, including surrendering his passport, impeded his travel to the United Kingdom to visit his son, and that he was not a flight risk given his business and residence in Mumbai. The court noted his regular compliance with bail conditions and lack of any misuse of liberty. Consequently, the court modified the attendance condition to require his presence once every three months and ordered that his passport be returned for the purpose of travel, with a requirement to re‑surrender it within three days of his return. The application was disposed in favor of the applicant.

Issues considered

Whether the bail condition requiring monthly police station attendance and passport surrender can be relaxed to permit foreign travel
Whether the applicant poses a flight risk warranting continued passport surrender

Subjects

Criminal Bail
Passport Surrender
Modification of Bail Conditions
Flight Risk
Interim Application

Judgment

WAKLE
MANOJ                 MANOJ                                                 903-IA-1107-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.09.02           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:19:42 +0530
                                CRIMINAL APPELLATE JURISDICTION
                               INTERIM APPLICATION NO.1107 OF 2026
                                               IN
                            CRIMINAL BAIL APPLICATION NO.2707 OF 2023
                      Mr. Vishal Anil Parekh                                 …Applicant
                               V/s.
                      The State of Maharashtra                               …Respondent


                      Mr. Milan Desai a/w Mr. Sudeep Sharma, for the Applicant.
                      Mr. Vinod Chate, APP for the Respondent-State.
                      PSI – D. P. Mane, Kasturba Marg Police Station, present.


                                                 CORAM: SHYAM C. CHANDAK, J.
                                                 DATED : 1st SEPTEMBER, 2026
                      P.C. :-

                      1.       Heard learned Counsel for the parties.

                      2.       Present Application prayed for following reliefs:-

                              “A. That this Hon’ble Court be please to direct the office of
                              Kasturba Marg Police Station to release and handover the
                              passport of Applicant herein to Applicant with suitable
                              terms and condition.

                              B. That this Hon’ble Court be please to relax or modify
                              condition imposed by this Hon’ble Court while enlarging
                              the Applicant on bail that he should attend Kasturba
                              Marg Police Station, on first Monday between 11:00 a.m.
                              to 01:00 p.m. be relaxed to the effect that the Applicant
                              shall Ld. Trial Court on each and every date of hearing.”

                      3.       Mr. Desai, learned Counsel for the applicant, at the outset,
                      stated that condition (j) in the Bail Order dated 27 th October, 2023

                                                      Page 1 of 3
MANOJ                                                 903-IA-1107-2026.DOC



in said Bail Application No.2707 of 2023 has been complied with.
Said condition (j) reads:-

        “(j)   Only for the purpose of honouring the undertaking
        and complying formalities of paying amount of Rs.35
        lakhs to the complainant as observed above, the applicant
        is     permitted      to        operate   bank         account
        no.0181102000010946 which shall be defreezed for this
        limited purpose.”

4.       Mr. Desai, learned Counsel further submitted that the
applicant wants to travel to United Kingdom to meet his son, who
has been studying there. However, the condition (c) in the bail
Order to attend Kasturba Marg Police Station, Borivali every first
Monday of the month between 11.00 a.m. to 1.00 p.m. and
condition (h) to surrender his passport with the investigating
officer, stand in the way to travel abroad.

5.       Considering the submissions by the learned Counsel for the
parties and the fact that the applicant is deeply routed in the
society, having two wheeler dealership business and permanent
residence in Mumbai, the applicant is not appearing to be a flight
risk. Till date, the applicant has regularly attended at the police
station and he has not misused the bail liberty in any manner.

6.       Therefore, the condition (c) is modified as under:-

        (c)     The applicant shall attend the investigating officer
        of Kasturba Marg Police Station, Borivali on 7 th day of
        month in every three months, between 11.00 a.m. to 1.00
        p.m.



                                   Page 2 of 3
MANOJ                                               903-IA-1107-2026.DOC



7.      The passport of the applicant be returned to him for the
purpose of traveling abroad. Once the applicant has returned from
abroad, he shall re-surrender his passport to the investigating
officer within three days from the date of his return.

8.      The Application stands disposed of in the aforesaid terms.



                                (SHYAM C. CHANDAK, J.)




                               Page 3 of 3

Continue reading with your account

Checking your session…