High Court of Gujarat
SHAKIR YASIN @SHARIF @SHAFIK ISMAILBHAI KHATIKversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application before the trial court, without deciding the merits.
Summary
Shakir Yasin applied for regular bail before the filing of a charge sheet. During the pendency of the application, the charge sheet was filed, prompting the applicant's counsel to seek permission to withdraw the bail application and file a fresh one before the trial court. The High Court, after noting the change in circumstances, granted the request, ordering the present application to be withdrawn and giving liberty to file a new application. The Court expressly stated that it did not consider the merits of the bail application. The withdrawn application was therefore disposed of without any substantive decision on the bail issue.
Issues considered
- Whether a regular bail application filed before a charge sheet can be withdrawn after the charge sheet is filed and a fresh application be filed before the trial court.
Subjects
- regular bail
- charge sheet
- withdrawal of application
- trial court
- procedural order
Judgment
R/CR.MA/11794/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11794 of 2026
==========================================================
SHAKIR YASIN @SHARIF @SHAFIK ISMAILBHAI KHATIK
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1
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application stands disposed of as withdrawn with above liberty.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 13:10:03
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