High Court of Gujarat

KUNJALBEN @ HETALBEN W/O GHANSHYAMBHAI DINESHBHAI MAKWANAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The High Court may permit the withdrawal of a bail application and allow a fresh application to be filed after the charge-sheet is filed.

Summary

The petitioner, Kunjalben, filed a regular bail application before the charge-sheet was filed. She later sought the court's permission to withdraw that application and to file a fresh bail application before the Sessions Judge after the charge-sheet is filed. The respondent, the State of Gujarat, opposed the withdrawal. The High Court examined the request and, without delving into the merits of the bail claim, granted permission to withdraw the pending application. Consequently, the court disposed of the present application as withdrawn, allowing the petitioner to pursue a fresh application at the appropriate stage.

Issues considered

Whether the High Court may grant permission to withdraw a regular bail application filed before the charge-sheet and allow a fresh application to be filed later.

Subjects

regular bailwithdrawal of applicationcharge-sheetcriminal procedureHigh Court of Gujarat

Judgment

       R/CR.MA/16711/2026                                                        ORDER DATED: 23/07/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 16711 of 2026
==========================================================
    KUNJALBEN @ HETALBEN W/O GHANSHYAMBHAI DINESHBHAI
                             MAKWANA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR V A ZALA(11441) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 23/07/2026
                                                 ORDER

          Learned advocate for the applicant upon instructions seeks
permission to withdraw the present application with liberty to
file a fresh application before the learned Sessions Judge after
the charge-sheet is filed.

          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disposed of as withdrawn with above liberty.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 23/07/2026 14:48:46




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