Gujarat High Court
Mayursinh @ Monu Ashoksinh Kshatriya vs State Of Gujarat on 11 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/3658/2025 ORDER DATED: 11/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3658 of 2025
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MAYURSINH @ MONU ASHOKSINH KSHATRIYA
Versus
STATE OF GUJARAT
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Appearance:
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1
MS. KRINA CALLA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 11/04/2025
ORAL ORDER
1. This is the fourth bail application preferred by the applicant after the applicant's first bail application was withdrawn being Criminal Misc. Application No. 2208 of 2023 which was withdrawn vide order dated 12.04.2023. Thereafter, the applicant preferred first successive bail application being Criminal Misc. Application No. 17522 of 2023 which was also withdrawn vide order dated 06.10.2023. Thereafter, the applicant preferred second successive bail application being Criminal Misc. Application No. 4885 of 2024 which was dismissed vide order dated 05.04.2024 and thereafter, the said order was carried in Page 1 of 5 Uploaded by VARSHA DESAI(HC01393) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:46:08 IST 2025 NEUTRAL CITATION R/CR.MA/3658/2025 ORDER DATED: 11/04/2025 undefined appeal by way of Special Leave to Appeal (Criminal) No. 7120 of 2024 which was also dismissed as withdrawn by the Hon'ble Supreme Court vide order dated 18.06.2024 and thereafter, this one more attempt is made with a prayer to enlarge the present applicant on bail by way of successive bail application.
2. Learned advocate Mr. Sudhanshu Jha appearing for the applicant canvassed the ground of long incarceration in respect of this successive bail application by stating that though the present applicant is in jail since 20.09.2022, till date, charge is not framed and therefore, the applicant is required to be enlarged on bail in view of long incarceration. Learned advocate Mr. Jha relied upon the decision of the Hon'ble Supreme Court in case of Manish Sisodia V/s. Directorate of Enforcement in Criminal Appeal arising out of SLP (Criminal) No. 8781 of 2024 and by relying upon the said judgment, learned advocate Mr. Jha submitted that in view of long incarceration of the present applicant, he should be enlarged on regular bail. 2.1. Learned advocate Mr. Jha submitted that the trial is likely Page 2 of 5 Uploaded by VARSHA DESAI(HC01393) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:46:08 IST 2025 NEUTRAL CITATION R/CR.MA/3658/2025 ORDER DATED: 11/04/2025 undefined to take a long time and therefore, the applicant is required to be enlarged on regular bail.
2.2. Apart from above, no other submissions were made by learned advocate Mr. Jha for the applicant. 2.3. Learned APP Ms. Krina Calla appearing for the respondent
- State submitted that the applicant has earlier invited a reasoned order from this Court and the Court while dismissing the Criminal Misc. Application No. 4885 of 2024 assigned reasons for not releasing the applicant on regular bail. The aforesaid order has been confirmed by the Hon'ble Supreme Court vide order dated 18.06.2024 in Special Leave to Appeal (Criminal) No. 7120 of 2024. Learned APP Ms. Calla also pointed out that the applicant was caught with conscious possession of 1255 bottles of cough syrup containing Codene phosphate and the applicant was caught with the aforesaid quantity of the cough syrup, without there being any license to store the same. 2.4. Learned APP Ms. Calla submitted that as this Court has by assigning reasons dismissed the applicant's earlier application for Page 3 of 5 Uploaded by VARSHA DESAI(HC01393) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:46:08 IST 2025 NEUTRAL CITATION R/CR.MA/3658/2025 ORDER DATED: 11/04/2025 undefined regular bail and as the said order has been confirmed by the Hon'ble Supreme Court vide order dated 18.06.2024 and when the Hon'ble Supreme Court has not granted any liberty to the applicant to apply a fresh after some time, this cannot be said to be change in circumstances and therefore, the present application is required to be dismissed.
2.5. Learned APP Ms. Calla in additionally submitted that the applicant has not disclosed the fact that this is applicant's fourth bail application, after charge-sheet and though the charge-sheet was filed in the year 2022, this application within a span of less than three years, this fourth bail application coming from the applicant and that also without disclosing the facts about one earlier bail application filed by the applicant and therefore, on the ground of suppression also, this application may be dismissed.
3. I have heard learned advocates for the parties and perused the record. On perusal of record, I found that the applicant's earlier bail application being Criminal Misc. Application No. 4885 of 2024 was dismissed vide order dated 05.04.2024 whereby this Page 4 of 5 Uploaded by VARSHA DESAI(HC01393) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:46:08 IST 2025 NEUTRAL CITATION R/CR.MA/3658/2025 ORDER DATED: 11/04/2025 undefined Court has while assigning reasons dismissed the bail application preferred by the applicant and against the same order, the applicant preferred Special Leave to Appeal No. 7120 of 2024 which was withdrawn by the petitioner from the Hon'ble Supreme Court vide order dated 18.06.2024.
4. In view of the fact that the judgment cited by learned advocate Mr. Jha is not directly applicable in the facts of the case as the facts are different and considering the fact that the applicant's earlier applications were also rejected and the applicant's attempt to challenge it before the Hon'ble Supreme Court also has resulted into withdrawal of the said application, I don't see any reason to entertain this application. However, Trial is expedited.
5. With the aforesaid observation, the present application is required to be dismissed and the same is dismissed.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 5 of 5 Uploaded by VARSHA DESAI(HC01393) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:46:08 IST 2025