High Court of Gujarat

PRATHAMESHWAR MOHANBHAI PARMARversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The court allowed the withdrawal of the bail application with liberty to file a fresh application.

Summary

The applicant filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the applicant's counsel sought permission to withdraw the bail application and to file a fresh application before the appropriate court. The respondent's counsel opposed the withdrawal. The court granted the request, allowing the application to be withdrawn and giving the applicant liberty to file a fresh bail application, while expressly stating that it did not consider the merits of the case.

Issues considered

Whether a regular bail application filed before a charge-sheet can be withdrawn after the charge-sheet is filed
Whether the court may grant liberty to file a fresh bail application after withdrawal

Subjects

regular bailcharge-sheetwithdrawal of applicationcriminal procedurebail

Judgment

       R/CR.MA/12418/2026                                                         ORDER DATED: 09/06/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 12418 of 2026
==========================================================
             PRATHAMESHWAR MOHANBHAI PARMAR
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 09/06/2026
                                                ORDER


          Learned APP has submitted that pending the present
application, charge-sheet has been filed.
          In view of above, learned advocate upon instructions seeks
permission to withdraw the present application with liberty to
file fresh before the concerned Court.
          Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. It is made clear that
this Court has not gone into the merits of the case.



                                                                   (HASMUKH D. SUTHAR, J.)
Ajay
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:41:40




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