High Court of Gujarat
ASHOKBHAI MOHANBHAI KANZARIYAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court permitted the withdrawal of the bail application and allowed the petitioner to file a fresh application before the trial court.
Summary
The petitioners filed a regular bail application before the filing of a charge sheet. During the pendency of the application, the charge sheet was filed. The petitioners, through counsel, sought permission to withdraw the bail application and to file a fresh application before the trial court. The High Court, without examining the merits, granted the request, allowing the withdrawal and liberty to file a new application. The present application was therefore disposed of as withdrawn, and the trial court was directed to consider any fresh application on its own merits.
Issues considered
- Whether the High Court can permit the withdrawal of a regular bail application after a charge sheet has been filed and allow the petitioner to file a fresh bail application before the trial court
Subjects
- regular bail
- withdrawal of application
- charge sheet
- criminal procedure
- high court
Judgment
R/CR.MA/11788/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11788 of 2026
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ASHOKBHAI MOHANBHAI KANZARIYA & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR ROHAN G VAGHELA(12034) for the Applicant(s) No. 1,2,3
DHAVAN JAYSWAL 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application stands disposed of as withdrawn with above liberty.
Rule discharged.
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)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 19/05/2026 13:08:49
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