BABUBHAI HIRAJI PADHIYARversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The High Court may allow the withdrawal of a bail application and dispose of it without examining its merits, granting the applicant liberty to file a fresh application later.
Summary
The applicant, Babubhai Hiraji Padhiyar, filed a regular bail application before the filing of a charge-sheet. After hearing, the applicant's counsel sought permission to withdraw the application while reserving the right to file a fresh bail application before the Sessions Court after the charge-sheet is filed. The court considered the request and, without examining the merits of the bail petition, granted permission to withdraw. The application was consequently disposed of as withdrawn, and the applicant was allowed to approach the Sessions Court later. No substantive issues on bail were decided.
Issues considered
- Whether the High Court may permit withdrawal of a regular bail application filed before a charge-sheet and allow the applicant to file a fresh application later
Subjects
Judgment
R/CR.MA/17284/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 17284 of 2026
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BABUBHAI HIRAJI PADHIYAR
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 27/07/2026
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 before the
learned Sessions Court, 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disposed of as withdrawn with above liberty.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 27/07/2026 14:49:20
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