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High Court of Gujarat

SHAKIR YASIN @SHARIF @SHAFIK ISMAILBHAI KHATIKversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

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 The High Court, after noting the change in circumstances, granted the request, ordering the present application to be withdrawn and giving liberty to file a new application.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 The withdrawn application was therefore disposed of without any substantive decision on the bail issue.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  • Whether a regular bail application filed before a charge sheet can be withdrawn after the charge sheet is filed and a fresh application be filed before the trial court.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
    ==========================================================

       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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