RAYDHANBHAI RATNABHAI SOMANIversusSTATE OF GUJARAT
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The successive bail application is dismissed as an abuse of the process of law.
Summary
The petitioner, an under‑trial prisoner, filed a regular bail application (Criminal Misc. Application No.13456/2026) which was withdrawn on 18‑06‑2026 with a direction to expedite the trial. Twelve days later, the petitioner filed a successive bail application (Criminal Misc. Application No.15532/2026) without demonstrating any change in circumstances. The learned counsel could not show any new ground justifying the fresh bail request. The Court held that filing a successive bail application within such a short period, absent any change, constitutes an abuse of the legal process. Consequently, the Court dismissed the successive bail application.
Issues considered
- What is the appropriate test for entertaining a successive bail application when there is no change in circumstances?
- Does filing a successive bail application within a short interval amount to an abuse of process?
Subjects
Judgment
R/CR.MA/15532/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 15532 of 2026
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RAYDHANBHAI RATNABHAI SOMANI
Versus
STATE OF GUJARAT
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Appearance:
MS. AASTHA S TRIVEDI(16443) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/07/2026
ORDER
1. Heard Mr. Avanidhar M. Thakore, learned counsel appearing for the
applicant.
2. Earlier, the applicant had filed regular bail application being Criminal
Misc. Application No.13456/2026 which came to be disposed of as
withdrawn vide order dated 18.06.2026. The order dated 18.06.2026 reads
as under:-
“After arguing for sometime, when the Court is not inclined, learned
advocate for the applicant upon instructions seeks permission to
withdraw the present application however, has requested to direct the
learned trial Court to expedite the trial.
Permission as prayed for is granted. Present application is disposed of as
withdrawn. It is made clear that merits of the case are not examined.
Learned trial Court is directed to expedite the trial as the applicant is an
under-trial prisoner.”
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R/CR.MA/15532/2026 ORDER DATED: 10/07/2026
3. When learned counsel has been asked to show any change in
circumstance after withdrawal of earlier application, he failed to show any
new ground or change in the circumstance. Once again, present application
has been filed as a successive bail application without there being any
change in the circumstances, and that too within only 12 days. This amounts
to a sheer abuse of the process of law. Therefore, the present application
deserves to be dismissed.
4. Accordingly, present successive bail application is dismissed.
(HASMUKH D. SUTHAR,J)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 10/07/2026 16:51:30
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