High Court of Gujarat
MAHENDRA MADHAVJIBHAI POKIYAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The High Court may permit withdrawal of a regular bail application filed before the charge sheet and allow the applicant to file a fresh application before the trial court.
Summary
The applicant Mahendra Madhavjibhai Pokiay filed a regular bail application before the charge sheet was filed. During the pendency of this application, the charge sheet was filed. The applicant, through counsel, sought permission to withdraw the bail application and to file a fresh application before the trial court. The Court noted the filing of the charge sheet and granted the request to withdraw the present application, expressly allowing the applicant to file a new application. The Court clarified that it did not consider the merits of the bail matter and that the trial court will decide any fresh application on its own merits.
Issues considered
- Whether the High Court can permit withdrawal of a regular bail application after the charge sheet has been filed
- Whether the applicant may be allowed to file a fresh bail application before the trial court
Subjects
- regular bail
- withdrawal of application
- charge sheet
- criminal procedure
- high court order
Judgment
R/CR.MA/11152/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11152 of 2026
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MAHENDRA MADHAVJIBHAI POKIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
MS. SHRADHDHA C. PIPALIA(14059) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/05/2026
ORAL ORDER
It is reported that during pendency of this
application, charge sheet is filed.
In view of the above fact, learned advocate for the
applicant seeks permission to withdraw present application
with liberty to file a fresh application before learned trial
Court. Permission, as prayed for, is granted. Present
application stands disposed of as withdrawn with above
liberty.
It is hereby made clear that this Court has not gone
into the merits of the case. Learned trial Court shall decide
the application that may be filed by present applicant on its
own merits and without being influenced by present order of
withdrawal.
(NIRZAR S. DESAI,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/05/2026 12:52:42
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