Gujarat High Court
Mihir Bhanubhai Kugasiya vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/CR.RA/1037/2025 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1037 of 2025
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MIHIR BHANUBHAI KUGASIYA
Versus
STATE OF GUJARAT
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Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 07/08/2025
ORAL ORDER
1) Rule. Learned APP waives service of Rule on behalf of
State.
2) The present revision application has been preferred by
the present applicant - original accused under Section 438
read with Section 442 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (For short "BNSS Act") directed against the
order passed by the learned 4 th Additional Sessions Judge,
Rajkot and Special Judge (POCSO) in Criminal Misc.
Application No.62 of 2025 by exercising the power under
Section 483(3) of the BNSS allowing the application moved by
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the State to cancel the bail granted to the present applicant
pursuant to the order passed in Criminal Misc. Application
No.1828 of 2024.
3) The factual matrix of the present revision application is
that the present applicant has been initially arrested for the
offence punishable under Sections 326, 324, 323 and 504 of
the IPC and Section 135 of the GP Act pursuant to the offence
registered before the Rajkot B-Division Police Station vide
C.R. No.11208051240400 of 2024, the present applicant has
moved an application before the Sessions Court, Rajkot for
regular bail under Section 439 of the Cr.P.C vide Criminal
Misc. Application No.1828 of 2024 and the same came to be
allowed by the concerned Additional Sessions Judge on
19.06.2024 on certain conditions and as per the condition no.
(2), accused has not to enter into the limits of the Rajkot city
except marking his presence before the police station and
appear before the Court where the trial is going on and
Condition no.(3), the applicant has to mark his presence
before the concerned police station between first and fifth of
every english calendar month once between 08:00 A.M. to
02:00 P.M. till the filing of the chargesheet.
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4) Thereafter, the application has been preferred by the
State vide Criminal Misc. Application No.1828 of 2024 for
cancellation of bail for violating the condition no.(2) as he
entered into the Rajkot city on 30.12.2024 and posing him as
police officer and extorted Rs.31,000/- from the complainant
in the Moon Hotel at Sahyog Complex in the Rajkot and for
that, an offence has been registered before this A-division
police station, Rajkot for the offence punishable under
Sections 308(2) and 204 of the BNSS and on that day, the
present applicant has not to mark his presence before the
police station or he had no date in the Court and further, as
he has violated the condition no.(2), the application has been
preferred by the I.O. and the same was allowed by the learned
Sessions Court and bail granted to the present applicant has
been cancelled. Hence, the present revision application has
been filed.
5) Heard the learned advocate Mr.Vishal K. Anandjiwala
and it is submitted by him that the order passed by the
learned Sessions Court is ex-facie, illegal and against the
settled principal of law and is required to be set aside. He
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further submitted that it is alleged that on 30.12.2024, the
present applicant has stopped one Mr. Murari Mohan
Shatrughn Das while leaving the hotel Moon and threatened
him and for that, Mr. Murari Mohan Shatrughn Das has
lodged the FIR against the present applicant for demanding
Rs.31,000/- from the first informant and for that, an offence
has been registered before the A-division police station,
Rajkot for the offence punishable under Sections 308(2) and
204 of the BNSS and the offence has been registered on
02.01.2025 vide C.R. No.11208050250007 of 2025 and
further, submitted that as per the condition no.(3), he has to
mark his presence between first and fifth of every english
calendar month and the said offence came to be registered on
02.01.2025, so, the present applicant entered into the Rajkot
city to mark his presence as per the order and as per the
condition no.(3), on which the bail has been granted. Further,
it is submitted that so far as the offence has been registered
before the city A-division police station, Rajkot is concerned,
quashing petition has already been pending. Hence,
considering this, he submitted that the order passed by the
learned Sessions Court canceling the bail is required to be set
aside. Further, Mr. Aanandjiwala in support of his argument
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has relied upon the judgment of Hon'ble Apex Court in the
case of Sanjay Kumar Jangid & Anr. Vs. Mukesh Kumar
Agarwal & Anr reported in 2025 Supreme (Online) (SC)
4241 and the decision by this Court in Special Criminal Misc.
Application No.2972 of 2025 in the case of Mihirbhai
Bhanubhai Kugasiya (Ahir) through Sanjaybhau
Bhanubhai Kugasiya (Ahir) Vs. State of Gujarat & Ors.
and the judgment of the Hon'ble this Court in Merubhai
Ramabhai Kodiyatar (Hun)... Vs. State of Gujarat in
Special Criminal Application No.4052 of 2020. It is
submitted that the present revision application is required to
be allowed and the order passed by the learned Sessions
Court canceling the bail of the present applicant is required to
be set aside.
6) On the other hand, learned APP Mr. Niraj Sharma
vehemently opposed the said averment and submitted that the
order passed by the learned Court is just and proper and does
not require any interference as the present applicant has
clearly violated the condition on which he was granted bail
and he has misused his opportunity in posing him as police
official and extorted money and so, the offence recorded by
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the concerned Court while canceling the bail is concerned, is
just and proper and the learned Additional Sessions Judge has
rightly come to the conclusion that the subsequently, an
offence has been registered against the present applicant
while he was on bail and so, he has misused the opportunity
granted by this Court. The offence of the learned Additional
Sessions Judge is just and correct and the order canceling the
bail does not require any interference.
7) After hearing the rival submissions of the learned
advocates for respective parties and perusing the impugned
order, this is the case where earlier regular bail has been
granted by the learned Sessions Court and the bail was
cancelled on the application moved by the State on the ground
that as there was a condition that the present applicant has
not entered into the Rajkot City for one year except to mark
his presence before the police station and either to appear
before the Court on the date of case and on 02.01.2025, one
offence was registered before Rajkot "A" Division Police
Station.
8) It is settled principal of law that granting of bail and
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canceling the bail has a different yardstick and merely on the
technical ground, bail cannot be cancelled. In this regard, as
per the judgment of the Hon'ble Apex Court in the case of
Sanjaybhai (Supra) at para 16 and 17. Further, the decision of
this Court in the case of Merubhai (Supra) at para nos.8, 9
and 11, 15 and 16 and considering the dictum of this Hon'ble
Apex Court and the decision of this Court, nothing has been
coming where the present applicant has misused his
opportunity and no any supervening circumstance has been
demonstrated by the prosecution to cancel the bail. So,
merely an subsequent offence has been registered is
concerned, it cannot be termed as super-willing circumstance,
which can be resulted into cancellation of the bail, already
been granted.
9) Considering the dictum of the Hon'ble Apex Court and
the decision of this Court, the ground on which the bail has
been cancelled by the learned Additional Sessions Judge
cannot be found valid reason to cancel the bail as the personal
opportunity is a valuable right guaranteed by the Constitution
and merely on this ground, bail already been granted cannot
be cancelled as well as considering this, the offence recorded
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by the learned Court below is perverse, required to be set
aside.
10) The present revision application is hereby allowed and
the order passed by the learned Special Judge (POCSO) Court
and learned 4th Additional Sessions Judge, Rajkot in Criminal
Misc. Application No.62 of 2025 dated 03.05.2005 allowed the
application of the State and cancelled the bail granted to the
present applicant in offence registered before the Rajkot B-
Division police station for the offences punishable under
Sections 326, 324 and 504 of the IPC and Section 135 of the
GP Act vide C.R. No.11208051240400 of 2024 is hereby
quashed and set aside.
11) Rule is made absolute to the aforesaid extent. The
present revision application is disposed of accordingly.
(L. S. PIRZADA, J)
JCP
