Dineshkumar Manilal Prajapati vs State Of Gujarat
2023 Latest Caselaw 4514 Guj

     R/CR.MA/10323/2023                          ORDER DATED: 15/06/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 10323 of 2023

======================================
       DINESHKUMAR MANILAL PRAJAPATI
                  Versus
             STATE OF GUJARAT
======================================
Appearance:
MS HETVI H SANCHETI(5618) for the Applicant(s) No. 1
MR. J. K. SHAH, APP for the Respondent(s) No. 1
======================================

CORAM: HONOURABLE MR. JUSTICE SAMIR J. DAVE

                          Date : 15/06/2023

                           ORAL ORDER

1. Rule returnable forthwith. Mr. Shah, learned APP waives service of notice of rule on behalf of the respondent - State.

2. This is successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 r.w.s. 482 of the Cr.P.C. for regular bail after filing of the charge-sheet in connection with I-C.R. no.11191017220419 of 2022 registered with Gujarat University Police Station, Ahmedabad on 14 th September, 2022 in Criminal Case no.111314 of 2022.

3. Heard Ms. Hetvi H. Sancheti, learned advocate for the applicant and Mr. Shah, learned APP for the respondent - State.

R/CR.MA/10323/2023 ORDER DATED: 15/06/2023

4. This application is successive bail application after filing of the charge-sheet. No fresh grounds made-out. Earlier bail application being Criminal Misc. Application no.19399 of 2022 has been withdrawn by the applicant on 16 th November, 2022.

5. Mr. J. K. Shah, learned APP for the respondent - State vehemently objected the present application and relying on the decision of this Court reported in (1997) 1 GLR 92 in case of Arvind Shivlal Soni vs. State of Gujarat prayed for rejection of the present application.

6. In the decision of this Court reported in (1997) 1 GLR 92 in case of Arvind Shivlal Soni vs. State of Gujarat in para-5 this Court has observed as under :-

"5. The judgment in the case of Balbirsingh (supra) is reported in AIR 1994 SC 1872 (September Issue). The judgment of Ali Mustafa is dated 28-9-1994 and is reported in AIR 1995 SC 244 (February Issue). In any case, the judgment in the case of Balbirsingh was there at the time when this Court (Coram: J.N. Bhatt, J.) cancelled the bail. It is to be presumed that all the contentions which were available were raised by the party and dealt with by the Court. Therefore, simply because the change of Advocate and making out the grounds specifically alleging that it was not raised in the earlier petition, cannot be a

R/CR.MA/10323/2023 ORDER DATED: 15/06/2023

ground to call it a new ground. If the ground available to the party is not raised, then it is to be presumed that that ground is raised and not pressed, however not referred in the judgment. Thus, in my opinion, this is not and cannot be said to be a new ground available to the petitioner."

7. In the result, considering the submissions of the learned advocates for the respective parties and considering the view taken by this Court in case Arvind Shivlal Soni (Supra), this Court is of the opinion that no grounds are made-out to allow the application. Hence, present application stands rejected. Rule discharged.

(SAMIR J. DAVE, J.) AMAR RATHOD...