High Court of Gujarat

DIVYARAJSINH JITUBHA KANCHVAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The court granted permission to withdraw the applications and allowed the petitioners liberty to file a fresh application before the Sessions Court.

Summary

The petitioners, Divyarajsinh Jitubha Kanchva and another, filed regular bail applications before the charge-sheet was filed. They later sought the court's permission to withdraw these applications, stating that the charge-sheet had been led and they wished to retain the liberty to file fresh applications before the Sessions Court. The learned counsel for the respondents opposed the withdrawal. The court examined the procedural request and, without delving into the merits of the underlying criminal case, granted the petitioners' prayer. The applications were consequently disposed of as withdrawn, with liberty expressly granted to file new applications. No substantive issues of law or fact were addressed in the order.

Issues considered

Whether the High Court may permit withdrawal of regular bail applications pending the filing of a charge-sheet and grant liberty to file fresh applications before the Sessions Court

Subjects

regular bailwithdrawal of applicationcharge-sheetprocedural orderliberty to file fresh applicationHigh Court of Gujarat

Judgment

       R/CR.MA/17551/2026                                                         ORDER DATED: 17/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 17551 of 2026
                               With
        R/CRIMINAL MISC.APPLICATION NO. 18456 of 2026
                               With
        R/CRIMINAL MISC.APPLICATION NO. 18488 of 2026
==========================================================
             DIVYARAJSINH JITUBHA KANCHVA & ANR.
                               Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2
MR VATSAL D. RUPAREL(14194) for the Respondent(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 17/08/2026
                                         COMMON ORDER

          Learned advocate for the respective applicant/s upon
instructions             seeks         permission              to      withdraw              the       present
application since pending the present application/s, charge-sheet
came to be <led however, has requested to reserve liberty to <le
fresh application before the learned Sessions Court, after <ling
of charge-sheet.
          Permission as prayed for is granted. Present applications
are disposed of as withdrawn with above liberty. This Court has
not examined the merits of the case.

          A copy of this order be placed in each of the applications.



                                                                    (HASMUKH D. SUTHAR, J.)
           Original copy of this order has been signed by the Hon'ble Judge.
Ajay       Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 15:04:56




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