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
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3658 of 2025
==========================================================
MAYURSINH @ MONU ASHOKSINH KSHATRIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1
MS. KRINA CALLA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
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the applicant's first bail application was withdrawn being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withdrawn vide order dated 12.04.2023.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Application No. 17522 of 2023 which was also withdrawn vide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
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of 2024 which was also dismissed as withdrawn by the Hon'ble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
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
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
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
