Bombay High Court
PRAVINCHANDRA MANILAL SHAHversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court relaxed condition No. 7(iii) and ordered the passport to be released, subject to specific reporting and return undertakings.
Summary
The applicant, Pravinchandra Manilal Shah, sought relaxation of condition No. 7(iii) of the anticipatory bail order dated 30‑03‑2022, which required surrender of his passport to the investigating officer. He submitted an affidavit and medical documents showing his daughter’s cancer treatment in the United Kingdom and requested passport release to travel from 18‑06‑2026 to 15‑12‑2026. The State opposed the relaxation but did not object to imposing conditions, noting the seriousness of the alleged economic offence. The court examined the affidavit, found the humanitarian claim prima facie genuine, and decided to relax the passport‑surrender condition subject to strict reporting and return undertakings. Accordingly, the passport was ordered to be released, the applicant must report monthly to the police, inform the trial court of travel dates, and submit the passport upon return, with a further undertaking to appear before the trial court when the charge‑sheet is filed.
Issues considered
- Whether the condition of surrendering the passport under anticipatory bail can be relaxed on humanitarian grounds.
- What conditions may be imposed when relaxing the passport‑surrender requirement in an anticipatory bail order.
Subjects
- anticipatory bail
- passport surrender
- humanitarian grounds
- economic offence
- court conditions
- medical emergency
Judgment
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912-IA-3697-2025 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH
VITHAL
CHAUDHARI
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
Digitally signed
by HARISH
VITHAL
CHAUDHARI CRI-INTERIM APPLICATION NO. 3697 OF 2025
Date:
2026.06.16 IN
15:05:55 +0530
CR. ANTICIPATORY BAIL APPLICATION NO. 847 OF 2022
Pravinchandra Manilal Shah ...Applicant
VERSUS
The State Of Maharashtra ...Respondent
-----
Mr. Tripti Shetty (Through V. C.) a/w Onkar Ghatage for the
Applicant.
Mr. Nitin. B. Patil, APP for the Respondent-State.
-----
CORAM : MEHROZ K. PATHAN, J.
DATE : 12th JUNE, 2026.
P.C.
1. By this Application the Applicant is seeking relaxation of
condition No. 7(iii) of the order dated 30.03.2022 particularly
directing the Applicant to surrender his passport before the
Investigating Officer while granting Anticipatory bail to the Applicant
in Crime No. 13/2022.
2. Learned counsel for the Applicant has produced on record
the schedule of the travel of the applicant due to medical emergency
as to attend his daughter at United Kingdom, who is suffering from
cancer. This court vide order dated 06.05.2026 directed the Applicant
to submit affidavit about travel schedule of the Applicant. The
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912-IA-3697-2025 (CR).DOC
Applicant has accordingly filed an additional affidavit dated
12.06.2026 thereby, giving details of the proposed travel as he would
be required to undertake travel from 18.06.2026 to 15.12.2026 to the
United Kingdom upon release of the passport with the permission of
the court. The necessary documents of the medical treatment
undertaken by the daughter of the present Applicant is already
annexed to the present Application. The travel details are also stated
in the affidavit. The affidavit further states about the permanent
residence of the Applicant along with his son Malay Pravinchhandra
Shah at Ahmedabad, Gujrat. The Applicant is having deep roots in the
society and undertakes to abide all the conditions that may be
imposed by this Court for relaxation of the condition No. 7(iii)
imposed by this Court vide order dated 30.03.2022. Thus, the
Applicant prays for allowing the Application.
3. Learned APP opposed the present Application however fairly
submits that if this Court is inclined to relax the condition,
appropriate terms and conditions may be imposed while releasing the
passport of the present Applicant, considering that he is involved in a
serious economic offence.
4. I have gone through the condition No. 7(iii) imposed by this
Court vide order dated 30.03.2022, which directs the Applicant to
surrender his passport to the Investigating officer. I have also gone
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912-IA-3697-2025 (CR).DOC
through the order dated 05.10.2023 which grants anticipatory bail to
the Applicant. I have also gone through the Application and the
affidavit filed in support of the Application. The documents prima
facie shows that the Applicant’s daughter suffering from cancer and
she is undergoing treatment for her ailment since year 2025. Request
for release of the passport appears to be prima facie genuine.
However, taking into consideration the objections raised by the
prosecution, it would be appropriate to impose certain conditions.
Hence, the following order:
ORDER
(a) The condition No. 7(iii) of the order dated 30.03.2022
directing the Applicant to surrender his passport before the
investigating officer, is hereby relaxed.
(b) The investigating officer is directed to released the
passport of the Applicant.
(c) The Applicant is directed to give undertaking before
the Trial Court to submit his passport, once he come back
from the United Kingdom.
(d) The Applicant shall attend the concerned Police Station
on 1st day of every month till she obtains the appropriate
travel permission from the concerned embassy. The
Applicant shall inform the exact dates of travel to United
Kingdom and return to India to the Trial Court after
obtaining VISA. After the Applicant arrives back in the
country, the Applicant shall again attend the concerned
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Police Station and the investigating officer on 1st day of
every month for a period three months thereafter.
(e) Since the chargesheet is not filed, the Applicant shall
make arrangement of representing himself before the Trial
Court at the time of filing of the chargesheet, if any.
5. The application is allowed in the above terms and stands
disposed of.
( MEHROZ K. PATHAN, J.)
Harish
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