[Cites 1, Cited by 0]
Gujarat High Court
Vipulbhai Devjibhai Patel vs State Of Gujarat on 27 February, 2026
NEUTRAL CITATION
R/SCR.A/13938/2025 ORDER DATED: 27/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13938 of 2025
==========================================================
VIPULBHAI DEVJIBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. RAUHAN R GOGDA(18582) for the Applicant(s) No. 1
MR.HIMANSHU PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/02/2026
ORAL ORDER
1. Draft amendment is allowed and the same is carried out
forthwith.
RULE. Learned APP waives service of Rule on behalf of the
respondent-State.
2. This application under Section 439(1) of the Criminal
Procedure Code is filed for deleting /suspending condition No. 8
of order dated 19.02.2015 passed by Additional Sessions Judge,
Surendranagar in Criminal Misc.Application No.48 of 2015. By
the aforesaid order, the applicant were ordered to be enlarged on
anticipatory bail in connection with I-CR No.8 of 2015 registered
at City "B" Division Police Station, Surendranagar. The said
condition No.8 pertain to depositing of passport.
3. Learned Advocate for the applicant submitted that in
compliance of the aforesaid conditions, the applicant has already
NEUTRAL CITATION
R/SCR.A/13938/2025 ORDER DATED: 27/02/2026
undefined
deposited passport before the concerned trial Court. It is
submitted that the offence is of 2015 and till date, there is no
breach of any of the conditions by the applicant.
3.1 It is submitted that in connection with the impugned FIR,
the applicant has also preferred Special Criminal Application
No.1801 of 2015 before this Court and this Court has granted
stay of the entire proceedings qua the applicant vide order dated
06.04.2015. The said petition is pending.
3.2 It is submitted that the applicant had also preferred
Criminal Misc.Application No.275 of 2025 before the learned
Addl. Sessions Court at Surendranagar, which came to be
rejected 26.05.2025 without assigning any proper reasons.
4. Learned APP opposed the application submitting that the
conditions imposed are just and proper and presence of the
applicant would be necessary during the course of trial and no
modification is required. It is submitted that the Additional
Sessions Judge has passed just and proper order in Criminal
Misc.Application No.275 of 2025 and no interference is required.
5. Having heard learned Advocates for the parties and having
perused the documents on record, it appears that the offence is
of the year 2015 and till date, no breach of any of the conditions
is reported. It also appears that the applicant has preferred
Special Criminal Application No.1801 of 2015 before this Court,
wherein this Court has granted stay of entire proceedings vide
order dated 06.04.2015. It is also required to be noted that on
the same day, the complainant of the impugned complaint had
NEUTRAL CITATION
R/SCR.A/13938/2025 ORDER DATED: 27/02/2026
undefined
also filed another complaint being I-CR No.7 of 2015 against
father of applicant No.1, who is also co-accused in the present
complaint, wherein charge sheet is also filed. The said complaint
is challenged by filing Criminal Revision Application No.643 of
2016, wherein vide order dated 11.08.2016, this Court has
stayed proceedings before the trial Court and the proceedings
are pending.
6. In view of the above, the application is allowed. Condition
No.8 of order dated 19.02.2015 passed by Additional Sessions
Judge, Surendranagar in Criminal Misc.Application No.48 of
2015 are hereby ordered to be deleted. It is directed that
passport of the applicant be returned back to the applicant after
due verification. The other conditions remain unaltered.
7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(M. R. MENGDEY,J)
NABILA
