High Court of Gujarat

AAKIB @ KALUBHAI JUSABBHAI LAKHEPOTAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court may allow the withdrawal of a bail application and dispose of it as withdrawn without examining its merits.

Summary

The applicant, Aakib @ Kalubhai Jusabbhai Lakhepota, filed a regular bail application before the filing of a chargesheet. During the pendency of the application, the prosecution filed the chargesheet. The applicant's counsel sought permission to withdraw the bail application and to re‑file it before the appropriate court. The High Court, exercising its discretionary jurisdiction, granted the request, ordered the application to be withdrawn, and clarified that it had not examined the merits of the bail plea. Consequently, the application was disposed of as withdrawn without any substantive consideration of the bail issue.

Issues considered

Whether the High Court can permit the withdrawal of a regular bail application after a chargesheet has been filed

Subjects

regular bailwithdrawal of applicationchargesheetdiscretionary jurisdiction

Judgment

        R/CR.MA/14570/2026                                                          ORDER DATED: 30/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                    CHARGESHEET) NO. 14570 of 2026

  ==========================================================
                        AAKIB @ KALUBHAI JUSABBHAI LAKHEPOTA
                                        Versus
                                  STATE OF GUJARAT
  ==========================================================
  Appearance:
  MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
  MR ADITYA JADEJA, APP for the Respondent(s) No. 1
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                               Date : 30/06/2026

                                                      ORDER

            In view of the fact that, during pendency of present
  application, chargesheet has been filed, learned counsel for the
  applicant, on instructions, seeks permission to withdraw present
  application with a liberty to file afresh before appropriate Court.


            Permission as prayed for is granted.                                    With above liberty,
  present application is disposed of as withdrawn at this stage.


            It is made clear that this Court has not examined the matter
  on merit.




                                                                     (HASMUKH D. SUTHAR,J)
  ILA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 30/06/2026 17:10:33




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