CHAGANBHAI DEVSIBHAI CHAUDHARYversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The Court granted permission to withdraw the application for cancellation of bail and directed the applicant to file a fresh application before the Sessions Court.
Summary
The applicant filed a criminal miscellaneous application seeking cancellation of the regular bail granted to respondent No.2 on the ground that the bail conditions, particularly Condition 8(i) requiring the respondent to vacate any part of the complainant's land, were breached. The applicant later sought permission to withdraw the application and instead file a fresh application before the Sessions Court. The Court, after noting the withdrawal request, granted permission to withdraw and directed the applicant to file an appropriate application before the Sessions Court. The Court emphasized that the subsequent application should be considered on its merits without prejudice from the withdrawal. Consequently, the present application was disposed of as withdrawn.
Issues considered
- Breach of Condition 8(i) of the bail order
- Whether the application for cancellation of bail can be withdrawn
- Procedural propriety for filing a fresh application before the Sessions Court
Subjects
Judgment
R/CR.MA/16433/2026 ORDER DATED: 12/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
16433 of 2026
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CHAGANBHAI DEVSIBHAI CHAUDHARY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KRUNAL S MEHTA(9227) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 12/08/2026
ORAL ORDER
The present application has been filed by the
applicant for cancellation of regular bail granted to
respondent No.2 by the Coordinate Bench of this Court vide
order dated 12.02.2026, on the ground of breach of condition/s
imposed therein, more particularly Condition No.8(i) of the
said order, which reads as under :
“8(i) Upon the affidavit being filed, the
complainant would be at liberty to file an
application before the DILR for measurement of
his land and if such an application is received,
the DILR shall measure the land in question and
the applicant, in case he is occupying any part of
the land of the complainant, shall vacate the
same forthwith as per the affidavit and shall not
raise any claim to the land in question
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R/CR.MA/16433/2026 ORDER DATED: 12/08/2026
thereafter.”
It is noted that the present application has been
filed due to breach of condition/s of the bail order.
Learned advocate for the applicant, under
instructions, seeks permission to withdraw this application, at
this stage, with a liberty to file appropriate application for
cancellation of bail granted to respondent No.2 before the
learned Sessions Court concerned.
Permission, as prayed for, is granted, with a
liberty to file appropriate application before the concerned
Sessions Court. This application is disposed of as withdrawn
accordingly.
As and when such application is filed, the
concerned Sessions Court to consider the same as
expeditiously as possible, on its merit, without being
influenced by any observations and the fact that the
applicant has withdrawn this application.
(SANJEEV J.THAKER,J)
M.H. DAVE/18
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2026 16:40:35
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