VATSALKUMAR RASIKBHAI SAKHIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court allowed the modification, permitting temporary release of the passport for one week subject to a Rs.1,00,000 security deposit and other conditions.
Summary
The applicant, Vatsalkumar Rasikbhai Sakhiya, had been released on anticipatory bail on 18 February 2025 with a condition that he could not leave India and must deposit his passport with the trial court. He applied to modify condition 6(f) to obtain his passport for a 30‑day renewal. The applicant demonstrated that he had already deposited his passport as required and sought a temporary release of the passport for renewal, undertaking to surrender the renewed passport promptly. The court, after considering the submissions, allowed the modification, directing the trial court to release the passport for one week against a security deposit of Rs.1,00,000 and imposing conditions that the passport be surrendered immediately after renewal and that the deposit be refunded thereafter. The order clarified that the temporary release does not permit travel abroad and that the original condition will be reinstated after compliance.
Issues considered
- Whether the condition restricting the applicant's passport can be modified to permit temporary release for passport renewal
- Whether such modification may be conditioned on a security deposit
- Whether the modification affects the original restriction on leaving India
Subjects
Judgment
R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 10728 of 2026
==========================================================
VATSALKUMAR RASIKBHAI SAKHIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/08/2026
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 has prayed for
modi!cation of Condition No. 6(f) imposed upon him vide order dated
18.02.2025 passed in Criminal Misc. Application No. 2065 of 2025,
whereby the applicant was released on anticipatory bail. The applicant
seeks modi!cation of the said condition for the purpose of obtaining
his passport for renewal for a period of 30 days.
3.. Condition No. [6.0](f) imposed upon the applicant reads thus:
“(f) shall not leave India without the permission of the
Court and if having passport shall deposit the same before
the Trial Court within a week;”
3. Learned advocate for the applicant has submitted that pursuant
to the aforesaid order dated 18.02.2025, the applicant has deposited
his passport before the concerned Trial Court in compliance with
Condition No. [6.0](f) . It is submitted that the applicant is required to
obtain his passport for renewal purposes. The applicant undertakes
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R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026
that after completion of the said period, he shall re-surrender the
passport before the concerned Trial Court and shall abide by all other
conditions imposed by the Court.
4. Learned APP appearing for the respondent-State has urged this
Court to pass appropriate order.
5. This Court has considered the submissions canvassed by learned
advocates for the respective parties and has perused the material
placed on record. Having regard to the facts and circumstances of the
case and the cause shown by the applicant, the application deserves to
be allowed and is, accordingly, allowed, subject to the following
conditions:
(i) The learned Trial Court is directed to release the
applicant's passport for a period of one week for the
limited purpose of renewal, subject to the applicant
depositing a sum of Rs.1,00,000/- (Rupees One Lakh only)
before the learned Trial Court prior to such release.
(ii) The applicant shall complete the renewal process
expeditiously and shall surrender the renewed passport
before the learned Trial Court immediately upon renewal
and, in any event, within the aforesaid period of one
week;
(iii) Upon surrender of the renewed passport and after
due veri!cation of compliance with the conditions of this
order, the learned Trial Court shall refund the deposited
amount of Rs.1,00,000/- (Rupees One Lakh only) to the
applicant.
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R/SCR.A/10728/2026(GJHC240543502026) ORDER DATED: 21/08/2026
(iv) It is clari!ed that release of the passport to the
applicant for the aforesaid limited purpose shall not be
construed as granting any permission to the applicant to
travel abroad. The applicant shall not leave India without
obtaining prior permission of the learned Trial Court.
After such passport is surrendered, the condition no. [6.0]
(f) of the order dated 18.02.2025 shall be restored to its
original position.
6. With the aforesaid observations and directions, the present
application is allowed. Rule is made absolute to the aforesaid extent.
Direct service is permitted Today.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2026 14:57:38
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