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High Court of Gujarat

SOBHAN ARYANFAR S/O ABDUL HAMIDversusUNION OF INDIA

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The appeal is disposed of as not pressed, and the appellant may file a fresh bail application later, to be decided independently by the trial court.

Summary

The appellant, Sobhan Aryanfar, filed a regular bail appeal after the filing of a chargesheet. During the hearing, counsel for the appellant withdrew the appeal and sought permission to file a fresh bail application before the trial court if there is a change in factual circumstances. The High Court allowed the withdrawal, stating that the appeal stands disposed of as not pressed. The court directed that any future bail application be decided independently by the trial court, without being bound by its earlier order dated 28-10-2025. No merits of the bail application were examined by the High Court.

Issues considered

  • Whether an appeal for regular bail after a chargesheet can be withdrawn by the appellant.
  • Whether the appellant may file a fresh bail application before the trial court upon a change in factual circumstances.

Subjects

bailcriminal appealchargesheetwithdrawal of appealfresh bail applicationchange in fact situation

Judgment

     R/CR.A/3127/2025                           ORDER DATED: 25/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
                        3127 of 2025

==========================================================
                    SOBHAN ARYANFAR S/O ABDUL HAMID
                                Versus
                         UNION OF INDIA & ANR.
==========================================================
Appearance:
AADITYA D BHATT(8580) for the Appellant(s) No. 1
CHANDNI S JOSHI(9490) for the Appellant(s) No. 1
MR ANKIT SHAH(6371) for the Opponent(s)/Respondent(s) No. 1
MR L B DABHI, APP for the Opponent(s)/Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                            Date : 25/03/2026

                              ORAL ORDER

 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.     We have heard learned counsel Mr. Aaditya Bhatt

with Ms. Chandni Joshi, Mr. Ankit Shah with Mr. Sundeep

Sadawarte and Mr. Arun Dev and Ms. Zeel Raval and Mr.

L.B. Dabhi appearing for the respective parties.


2.     After hearing some time, Mr. Bhatt, learned counsel,

upon instructions, does not press this appeal and seeks

permission to )le fresh application for bail before the trial

court as and when there would be a change in fact

situation.


                                Page 1 of 2
        R/CR.A/3127/2025                                                             ORDER DATED: 25/03/2026




3.         In such circumstances, with the aforesaid liberty, the

present appeal stands disposed of as not pressed.


4.         As and when fresh bail application in a change in fact

situation is )led, learned trial court, without being

in-uenced by its earlier order dated 28.10.2025 passed in

Criminal Misc. Application No.64 of 2025, shall decide the

same independently on its own merits in accordance with

law.


           It is clari)ed that, this Court has not examined the

merits of the case.


                                                                                             (ILESH J. VORA,J)




                                                                                          (R. T. VACHHANI, J)
P.S. JOSHI

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 25/03/2026 16:02:24




                                                       Page 2 of 2


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