JANAKKUMAR JAYPRAKASH PATELversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The condition requiring a bank guarantee is modified to a solvent surety of one and a half times the value of the seized vehicle.
Summary
The applicant, Janakkumar Jayprakash Patel, filed a special criminal application seeking modification of a condition imposed by the 5th Additional Sessions Judge, Mehsana, on 10 March 2026, which required furnishing a bank guarantee of one and a half times the value of a seized vehicle along with a personal bond. The applicant argued that a solvent surety of the same value could replace the bank guarantee. The respondent State opposed the modification. After hearing both sides and reviewing the documentary evidence, the High Court considered the cause shown and found merit in the applicant's request. The Court ordered that the bank guarantee condition be modified to a solvent surety of one and a half times the vehicle's value, while leaving other conditions unchanged. The rule was made absolute and direct service permitted.
Issues considered
- Whether the condition of furnishing a bank guarantee can be modified to a solvent surety in the criminal miscellaneous application.
Subjects
Judgment
R/SCR.A/4075/2026 ORDER DATED: 07/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 4075 of 2026
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JANAKKUMAR JAYPRAKASH PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Applicant(s) No. 1
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 07/04/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of
notice of Rule on behalf of respondent-State.
2. Present application is filed by the applicant for modification
of conditions imposed vide order dated 10.03.2026 passed in
Criminal Misc. Application No.178 of 2026 by Ld. 5th Addl.
Sessions Judge, Mehsana.
3. Learned advocate for the applicant submitted that vide
aforesaid order, learned Court below had imposed condition to
furnish the bank guarantee one and half times of value of seized
vehicle and personal bond. He further submitted that the
aforesaid condition be modified and the applicant may be
directed to furnish solvent surety instead of bank guarantee. He,
therefore, submitted to allow the present application.
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R/SCR.A/4075/2026 ORDER DATED: 07/04/2026
4. Heard learned advocate for the applicant, learned
APP for the respondent-State as well as perused the
documentary evidences produced on record.
5. In view of the cause shown, the present application
requires consideration.
6. Hence, condition imposed vide order dated
10.03.2026 qua the bank guarantee is ordered to be modified to
the extent that the applicant shall furnish solvent surety one and
half times of value of seized vehicle instead of bank guarantee.
Other conditions of the order shall remain intact. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(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 13/04/2026 13:35:24
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