Gujarat High Court
Ashish Parshotambhai Vaghashiya vs State Of Gujarat on 16 February, 2024
Author: Samir J. Dave
Bench: Samir J. Dave
NEUTRAL CITATION
R/CR.MA/421/2024 ORDER DATED: 16/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 421 of 2024
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ASHISH PARSHOTAMBHAI VAGHASHIYA
Versus
STATE OF GUJARAT
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Appearance:
DR. HIREN S SOMAIYA(8031) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 16/02/2024
ORAL ORDER
1. This second successive application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R. No. 11215002220278 of 2022 registered with Anand Town Police Station, Dist Anand for the offence punishable under Sections 489A, 489B, 489C, 489D and 114 of the Indian Penal Code.
2. Having heard learned advocate for the applicant and learned APP for the respondent-State, it appears that after filing of the charge sheet, the applicant approached this court by way of Criminal Misc. Application No. 12028 of 2022 wherein this court vide order dated 24.11.2022, rejected the said application of the applicant wherein this court has Page 1 of 4 Downloaded on : Mon Feb 19 20:47:06 IST 2024 NEUTRAL CITATION R/CR.MA/421/2024 ORDER DATED: 16/02/2024 undefined specifically observed in para 4 to 6 of that order that;
"4. Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that the applicants have been arrested on 06.04.2022 in connection with an FIR being C.R.No. 11215002220278 of 2022 registered with Anand Town Police Station, District Anand for the offence punishable under sections 489A, 489B, 489C, 489D and 114 of the Indian Penal Code and thereafter, investigating officer has filed a charge sheet against both of the applicants and after filing of the charge sheet, both of the applicants have approached the learned Sessions Court concerned by way of Criminal Misc. Application No. 719 of 2022 but the same was rejected vide order dated 21.06.2022.
5. It appears from the order of rejecting the bail by the learned Sessions Court on 21.06.2022 that the applicants were arrested with 1226 currency notes having denomination of Rs. 100/- . Moreover, the learned Sessions Court has observed that the act of the applicants cannot be taken in easier manner because by doing such serious offence, the accused means present applicants have affected the economic of the country and thereby, they have committed an offence against the nation.
6. This court very well aware with the provisions of the bail but with such object, while considering the application of bail, the court has to consider the gravity and role of the accused in the offence. The learned Sessions Court has observed that such fake currency notes are seized from the possession of the applicants Page 2 of 4 Downloaded on : Mon Feb 19 20:47:06 IST 2024 NEUTRAL CITATION R/CR.MA/421/2024 ORDER DATED: 16/02/2024 undefined and thus, this court deems it think that the present applicants are involved in the serious offence and it will affect the economic of the country and disturb the economy also and thus, while considering the gravity of offence and role played by the applicants in commission of offence, prayer of the applicants requires rejection."
3. It further appears that being aggrieved by the order dated 24.11.2022 passed by this court in Criminal Misc. Application No. 12028 of 2022, applicant has approached the Hon'ble Apex Court by way of SLP(Criminal) No. 2456 of 2023, wherein on 03.05.2023, Hon'ble Appex court has passed below mentioned order "Heard Mr. Hemal Kiritkumar Sheth, the learned counsel appearing for the petitioners. Also heard Ms. Swati Ghildiyal the learned counsel appearing for the State of Gujarat.
The petitioners are in custody and are aggrieved by denial of bail by the High Court under the impugned order.
We have considered the provisions under which the petitioners are charged and having regard to the recovered articles from the office premises of the petitioners, we are disinclined to consider bail for the petitioners at this stage.
However, the petitioners are at liberty to again apply for bail before the High Court, after a period of six months.
With the above, order, the Special Leave Petition stands disposed of.
Pending application(s), if any, shall stand closed."
4. It appears from the record that the applicant approached the learned Sessions Court by way of Criminal Misc.
Page 3 of 4 Downloaded on : Mon Feb 19 20:47:06 IST 2024NEUTRAL CITATION R/CR.MA/421/2024 ORDER DATED: 16/02/2024 undefined application No. 1463 of 2023 seeking regular bail, but vide order dated 15th December 2023, application of the applicant was rejected and being aggrieved by the said order, the applicant has approached this court by way of second successive application for regular bail.
5. This Court has already dealt with all the submissions made on behalf of learned advocate for the applicant and after filing of the charge sheet, this is the second successive application for regular bail of the applicant but, no fresh ground is made out to entertain present application.
6. Hence, this Court does not find any reason to entertain this second successive application for regular bail filed by the applicant and accordingly, present application is hereby rejected. Rule is discharged.
(SAMIR J. DAVE,J) K. S. DARJI Page 4 of 4 Downloaded on : Mon Feb 19 20:47:06 IST 2024