High Court of Gujarat

NANUBHAI MAMAIYABHAI GAMARAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The Court granted liberty to file a fresh bail application and disposed of the present application without addressing its merits.

Summary

Nanubhai Mamaiyabhai Gamara applied for regular bail before the filing of a chargesheet. The prosecution indicated its intention to add sections 336(2), 337, 339 and 340 of the Bharatiya Nyaya Sanhita, 2023 to the charge sheet. On this development, the applicant’s counsel chose not to press the bail application at this stage and sought liberty to file a fresh application later. The Court granted the requested liberty, disposed of the present application without examining its merits, and left the door open for a new application. No substantive decision on bail was made.

Issues considered

Whether the bail application should be entertained when the prosecution intends to add further sections under the Bharatiya Nyaya Sanhita, 2023
Whether the Court may permit the applicant to withdraw the present application and reserve the right to file a fresh bail application

Legislation cited

Bharatiya Nyaya Sanhita, 2023s. 336(2), s. 337, s. 339, s. 340

Subjects

regular bailchargesheetaddition of chargesBharatiya Nyaya Sanhitaliberty to file fresh application

Judgment

   R/CR.MA/15987/2026                                                              ORDER DATED: 14/07/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15987 of 2026
==========================================================
                NANUBHAI MAMAIYABHAI GAMARA
                               Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR GOKUL M PARMAR(11769) for the Applicant(s) No. 1
MS AARTI R SAVALIYA(13540) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 14/07/2026
                                                   ORDER

          Learned APP has pointed out that prosecution is going to
file report for addition of sections 336(2), 337, 339 and 340 of
the Bharatiya Nyaya Sanhita, 2023.

          In view of above, learned advocate for the applicant upon
instructions seeks does not press the present application at this
stage however, has requested to reserve liberty to file fresh
application before the concerned Court.

          Permission as prayed for is granted. Present application is
disposed of as not pressed 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 14/07/2026 16:10:20




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