Case Note & Summary
The applicant, Mohmad Sadik @ Guddu Malbari S/o Mohmad Siddik Lokhandwala, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in connection with FIR No.11822019221371 of 2022 registered with Navsari Town Police Station for offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The applicant was arrested on 16.09.2022 and had been in custody since. The applicant had earlier filed Criminal Misc. Application No.1041 of 2024, which was withdrawn on 03.05.2024 as the court was not inclined to grant bail. The present successive application was filed contending that the trial was proceeding slowly. However, the court noted that out of 52 prosecution witnesses, 15 had already been examined. The court found no change in circumstances since the withdrawal of the earlier application. The learned APP opposed the application on the ground of maintainability. The court dismissed the application, holding that successive bail applications are not maintainable without a change in circumstances.
Headnote
A) Criminal Procedure - Successive Bail Application - Maintainability - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - Applicant filed successive bail application after earlier application was withdrawn without liberty to file fresh application - Court held that in the absence of any change in circumstances, the successive application is not maintainable and dismissed it (Paras 4-5).
Issue of Consideration
Whether the successive bail application is maintainable in the absence of any change in circumstances after withdrawal of the earlier application.
Final Decision
The application is dismissed.
Law Points
- Successive bail application
- change in circumstances
- maintainability
- contract killing
- Section 483 BNSS
Case Details
2026 LawText (GUJ) (03) 1080
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 4304 of 2026
A S Timbalia for Applicant, H K Patel for Respondent
Mohmad Sadik @ Guddu Malbari S/o Mohmad Siddik Lokhandwala
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Nature of Litigation
Criminal Misc. Application for successive regular bail after chargesheet
Remedy Sought
Applicant sought enlargement on regular bail in connection with FIR for offences including murder
Filing Reason
Applicant had been in custody since 16.09.2022 and trial was proceeding slowly
Previous Decisions
Earlier Criminal Misc. Application No.1041 of 2024 was withdrawn on 03.05.2024 as court was not inclined to grant bail
Issues
Whether the successive bail application is maintainable in the absence of any change in circumstances after withdrawal of the earlier application.
Submissions/Arguments
Applicant's counsel submitted that the applicant had not assaulted the deceased and only role attributed was accepting money for contract killing; trial was proceeding slowly.
APP opposed the application contending that it was a successive application after withdrawal of earlier application with no change in circumstances, hence not maintainable.
Ratio Decidendi
A successive bail application after withdrawal of an earlier application is not maintainable unless there is a change in circumstances. The mere slow pace of trial does not constitute a change in circumstances when 15 out of 52 witnesses have already been examined.
Judgment Excerpts
The applicant had earlier preferred Criminal Misc. Application No.1041 of 2024 which was allowed to be withdrawn vide order dated 03.05.2024 since this Court was not inclined to exercise discretion in favour of the applicant.
Sofar as the aspect of merit is concerned, the present applicant had accepted the contract for killing of the deceased and had received the amount of...
Procedural History
FIR registered in 2022; applicant arrested on 16.09.2022; first bail application (Criminal Misc. Application No.1041 of 2024) withdrawn on 03.05.2024; present successive application filed in 2026; dismissed on 05.03.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 483
- Indian Penal Code: 302, 120(B), 34
- Gujarat Police Act: 135
