BHARAT KANTIBHAI SMECHAversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application after the charge-sheet.
Summary
The applicant, Bharat Kantibhai Smécha, filed a regular bail application before the filing of a charge-sheet. During the hearing, the applicant's counsel sought permission to withdraw the bail application while reserving the right to file a fresh application after the charge-sheet is filed. The Court, not inclined to examine the merits, granted the request to withdraw. The application was disposed of as withdrawn, with liberty granted to file a new application later. No substantive merits of the bail request were considered.
Issues considered
- Whether a bail application filed before a charge-sheet can be withdrawn with liberty to file a fresh application after the charge-sheet is filed
Subjects
Judgment
R/CR.MA/14980/2026 ORDER DATED: 06/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 14980 of 2026
==========================================================
BHARAT KANTIBHAI SMECHA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/07/2026
ORDER
After arguing for sometime, when the Court is not inclined,
learned advocate for the applicant upon instructions seeks
permission to withdraw the present application however, has
requested to reserve liberty to file fresh application 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disposed of as withdrawn with above liberty.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 06/07/2026 14:19:53
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