Maheshbhai Jalabhai Khant vs State Of Gujarat

Gujarat High Court

Maheshbhai Jalabhai Khant vs State Of Gujarat on 6 May, 2025

                                                                                                                 NEUTRAL CITATION




                             R/CR.MA/8849/2025                                      ORDER DATED: 06/05/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY BAIL) NO.
                                                       8849 of 2025
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                                               MAHESHBHAI JALABHAI KHANT
                                                           Versus
                                                    STATE OF GUJARAT
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                       Appearance:
                       MR. DIVYANG A RAMANI(7180) for the Applicant(s) No. 1
                       MR HK PATEL, APP for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                          Date : 06/05/2025
                                                           ORAL ORDER

1. RULE. Learned advocates for the respective parties waive service of notice of Rule.

2. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11207024240579 of 2024 registered with Godhra Taluka Police Station, Panchmahal.

3. It seems that an anticipatory bail application filed by the present applicant, being Criminal Misc. Application No. 23795 of 2024, came to be withdrawn on 14.02.2025.

4. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned Page 1 of 3 Uploaded by ALI ISTAYAK(HC01093) on Wed May 07 2025 Downloaded on : Thu May 08 01:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/8849/2025 ORDER DATED: 06/05/2025 undefined advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions.

5. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence and submitted that the applicant had previously filed an application for anticipatory bail, being Criminal Misc. Application No. 23795 of 2024, came to be withdrawn on 14.02.2025. Since then, there has been no change in circumstances in the case. Therefore, learned APP submits that the application be dismissed.

6. Heard learned advocates for the respective parties.

7. Having gone through the papers available on record, it appears that an application for anticipatory bail, being Criminal Misc. Application No. 23795 of 2024 was withdrawn on 14.02.2025 as the Court was not inclined to pass any relief in favour of the applicant. Since then, there has been no change in circumstances in the case. However, the present successive application for anticipatory bail has been filed by the applicant without any change the circumstances.

8. In view of the above, as there is no change in the circumstances meaning thereby the reason assigned by the learned Sessions Judge attained the finality and in absence of any change in the circumstances, the present application for anticipatory bail deserves to be dismissed in light of the law laid down by this Court in the case of State of Gujarat vs Kanksinh Mohansinh Mangrola, reported in (2005) 1 GLH 665, wherein the Court held as under:

NEUTRAL CITATION R/CR.MA/8849/2025 ORDER DATED: 06/05/2025 undefined "While deciding the second successive anticipatory bail application of the respondent no.1-accused, learned Sessions Judge has not taken into consideration the following aspects. Due to change in circumstance, party can approach the court below or the High Court under Sec.438 of the Code and court can deal with that point of change in circumstance only. However, the court cannot enter into the grounds which were previously contested by the parties and have become final. Here in this case, court below has violated the basic principle of law laid down by the Apex Court on this point by dealing with all points raised by the accused in the first application filed under Sec.438 of the Code and which were already decided by the learned Addl. Sessions Judge, Surat, in detail with prima-facie reasons. Said order was carried further by the accused in the High Court and at the end of arguments, it was withdrawn and hence it has become final between the parties and hence, learned Sessions Judge should not have dealt with the same points again in the successive anticipatory applications."

9. Despite the dismissal of earlier bail application, the applicant has filed this subsequent anticipatory bail application without any change in the circumstances of this case. In this regard also, reference needs to be made to the judgment of the Hon'ble Supreme Court in the case of G.R. Ananda Babu vs The State of Tamil Nadu, reported in 2021 SCC Online SC 176.

10. In view of the above, the present application stands dismissed. Rule discharged.

(HASMUKH D. SUTHAR,J) ALI Page 3 of 3 Uploaded by ALI ISTAYAK(HC01093) on Wed May 07 2025 Downloaded on : Thu May 08 01:56:42 IST 2025