SUNIL SURENDRAKUMAR KAKKADversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- GITA GOPI
Holding
The court suspended condition (2)(f) for six months, permitting the petitioner to travel abroad subject to procedural safeguards.
Summary
The petitioner, Sunil Surendrakumar Kakkad, filed a criminal revision application seeking suspension of condition (2)(f) of his bail order, which prohibited him from leaving Gujarat without court permission. He argued that the Sessions Judge had not considered the full purchase order, which spanned 13 months plus an additional 6 months, and that the case was stayed by interim relief. The Additional Public Prosecutor contended that the judge correctly referred only to the initial 13‑month period. Upon reviewing the records, the High Court noted that the 13‑month period expired on 10 March 2026 and, given the stay, allowed the petitioner to travel abroad for business. Consequently, the court suspended the travel restriction for six months, directed the passport be released after identity verification, and required the petitioner to disclose his itinerary and return the passport within a week of his return.
Issues considered
- What is the appropriate scope of condition (2)(f) restricting the petitioner’s travel in light of the purchase order duration and the stay of proceedings?
Subjects
Judgment
R/CR.RA/1339/2026 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (MODIFICATION OF ORDER) NO.
1339 of 2026
==========================================================
SUNIL SURENDRAKUMAR KAKKAD
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ADITYA A GUPTA(7875) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 04/05/2026
ORDER
1. RULE. Learned APP waives service of notice on behalf of the
respondent-State.
2. By way of this application, a prayer is made for suspension of
condition no.(2)(f) passed in the order dated 14.2.2024 by
the learned Sessions Judge, Amreli in Criminal Miscellaneous
Application no.99 of 2024. Condition no.(2)(f) reads as
under:-
“(f) applicant shall not leave the local limits
of Gujarat without prior permission of this
Court;”
3. Mr. Aditya Gupta, learned advocate for the applicant
submitted that the learned Sessions Judge while rejecting the
application on 2.4.2026 in Criminal Misc. Application no.146 of
2026 has not perused the referred documents, i.e. the
Purchase Order in its totality. It is further submitted that the
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R/CR.RA/1339/2026 ORDER DATED: 04/05/2026
duration of the purchase assignment is 13 months + 6
months and submitted that the case where bail has been
granted has been stayed by way of ad-interim relief on
9.8.2024 by this Court and the matter has been admitted and
the interim relief has been confirmed.
4. Learned Additional Public Prosecutor referring to the
observations made by the learned Sessions Judge, has place
reliance on the purchase order to submit that the learned
Sessions Judge has referred to only 13 months, which has
been specifically stated and further submitted that the
observations made therein are just and proper.
5. Having heard the submissions canvassed and on perusing the
records of the case, it is clear that the purchase order is for a
duration of 13 months + 6 months. As observed, the 13
months period got exhausted on 10.3.2026, as per the
Purchase Order. Since the matter has been stayed, and the
applicant would like to visit Dubai for the purpose of business,
the condition no.(2)(f) of the order of bail dated 14.2.2024
passed in Criminal Miscellaneous Application no.99 of 2024 is
suspended for a period of six (6) months from today.
6. It is directed that the Passport be handed over to the
applicant after carrying out the appropriate procedures for
verification of his identity. The applicant is permitted to travel
out of India during the period as prayed for, after disclosing
his detailed itinerary before the learned Sessions Court and on
his return, within one week, shall deposit the Passport to the
CBI Court.
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R/CR.RA/1339/2026 ORDER DATED: 04/05/2026
7. With the aforesaid direction, this application stands disposed
of. Rule made absolute. Direct Service is permitted.
(GITA GOPI,J)
Maulik
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/05/2026 18:07:07
Page 3 of 3
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