High Court of Gujarat

PARTH S/O. RAJESHBHAI KANJIBHAI KACHAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application before the Sessions Court.

Summary

The petitioner, Parth, filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the petitioner sought permission to withdraw the pending bail application and to file a fresh application before the Sessions Court. The petitioner’s counsel argued that the withdrawal was necessary given the change in procedural posture. The High Court examined the request and, without delving into the merits of the bail issue, granted liberty to withdraw the application. Consequently, the bail application was disposed of as withdrawn, allowing the petitioner to approach the Sessions Court with a new application.

Issues considered

Whether a regular bail application filed before a charge-sheet can be withdrawn after the charge-sheet is filed, with liberty to file a fresh application before the Sessions Court.

Subjects

regular bailcharge-sheetwithdrawal of applicationhigh court procedureliberty to file fresh application

Judgment

    R/CR.MA/14126/2026                                                           ORDER DATED: 16/07/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 14126 of 2026
==========================================================
             PARTH S/O. RAJESHBHAI KANJIBHAI KACHA
                                Versus
                      STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HARESH N JOSHI(1871) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 16/07/2026
                                                ORDER

         Learned advocate for the applicant upon instructions
submits that pending the present application, charge-sheet has
been filed and hence, he seeks permission to withdraw the
present application with liberty to file fresh application before
the learned Sessions Court, after filing of charge-sheet.

         Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. This Court has not
examined 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 16/07/2026 14:21:24




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