High Court of Gujarat

JYOTINDRA MADANLAL GAJIWALAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: M R MENGDEY

Holding

The High Court suspended the passport surrender condition for one month, subject to a monetary deposit and travel itinerary, while retaining all other bail conditions.

Summary

The applicant, Jyotindra Madanlal Gajiwala, was granted bail by a Special CBI Court in 2017 with a condition to surrender his passport within 15 days. He deposited his passport but later sought permission to travel abroad with his family for personal reasons, filing a special criminal application to modify the passport condition. The trial court dismissed his request, prompting him to approach the Gujarat High Court. The High Court considered the applicant's need to travel from 20 March to 31 March 2026 and the principle that bail conditions may be varied for cause. It ordered the suspension of the passport surrender condition for one month, contingent upon a deposit of Rs.2,00,000 and submission of a detailed travel itinerary, while keeping all other bail conditions unchanged. The application was disposed of after the order.

Issues considered

Whether the condition of surrendering the passport imposed at the time of bail can be suspended to permit the applicant's travel abroad
Whether the High Court can modify bail conditions pending the trial court's verification

Subjects

bailpassport surrendermodification of bail conditionstravel abroadspecial criminal applicationCBI case

Judgment

      R/SCR.A/3261/2026                             ORDER DATED: 18/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3261 of 2026

==========================================================
                          JYOTINDRA MADANLAL GAJIWALA
                                      Versus
                             STATE OF GUJARAT & ANR.
==========================================================
Appearance:
BHAGIRATH N PATEL(9016) for the Applicant(s) No. 1
MS KIRAN R UDASI(12127) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MR.HARDIK SONI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 18/03/2026

                                  ORAL ORDER


1.      Rule returnable forthwith. Learned APP waives service of
notice of Rule on behalf of respondent-State.


2.      Present application has been filed by the applicant for
modification of conditions imposed vide order dated 08.12.2017
passed in Criminal Misc. Application No.356 of 2017 by learned
Special Judge, (C.B.I.) Court, Ahmedabad City.


3.      Learned advocate for the applicant submitted that while
enlarging the applicant on bail, the learned Special Judge, (CBI)
Court, Ahmedabad vide aforesaid order, has imposed a condition
no.6 i.e. “The applicant shall surrender his passport, if any, to
this Court, within 15 days. If he does not possess, then he shall
file an affidavit to that effect”. He further submitted that


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     R/SCR.A/3261/2026                                   ORDER DATED: 18/03/2026




pursuant to the aforesaid order, the applicant had deposited his
passport before the concerned Court. However, the applicant is
desirous of travelling abroad with his family and for some
personal work, he had approached the concerned Court.
However,       the       said   application     was   dismissed.     Thus,         the
applicant is before this Court by filing present petition. He,
therefore, submitted to allow the present application and allow
the present applicant to travel abroad.


4.     Learned advocate Mr. R. C. Kodekar appearing for the
respondent CBI has opposed the present petition.


5.     Heard learned advocates for the respective parties.


6.     In view of the cause shown, the present application
requires consideration.


7.     Having regard to the fact that the applicant is desirous to
travel abroad for a period commencing from 20.03.2026 to
31.03.2026, the condition no.6 imposed vide order dated
08.12.2017 is ordered to be suspended for a period one month.
The passport of the applicant shall be returned upon deposit of
Rs.2,00,000/- before the concerned trial Court and the same
shall be refunded upon returning India and surrendering the
passport back to the concerned trial Court after due and proper
verification.       Other conditions of the order shall remain intact.
The applicant shall furnish detailed travel itinerary before the
trial Court.




                                      Page 2 of 3
       R/SCR.A/3261/2026                                                             ORDER DATED: 18/03/2026




8.         Present application stands disposed of. Rule is made
absolute to the aforesaid extent.                                     Direct service is permitted
TODAY.


                                                                                          (M. R. MENGDEY,J)
NABILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 18/03/2026 16:01:28




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