High Court of Gujarat

MOHAMMAD HUSSENKHAN KAMAR MOHAMMAD PATHANversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The Court granted permission to withdraw the bail application and disposed of it as withdrawn.

Summary

The petitioner, Mohammad Hussenkhan Kamar Mohammad Pathan, filed a regular bail application before the charge-sheet was filed. While the application was pending, the charge-sheet was lodged, and the petitioner sought permission to withdraw the bail application and reserve the right to file a fresh application before the Sessions Court after the charge-sheet. The Court, after hearing the counsel, granted the permission to withdraw. The application was disposed of as withdrawn, and the Court did not examine the merits of the bail request.

Issues considered

Whether a regular bail application pending before the charge-sheet can be withdrawn after the charge-sheet is filed
Whether the petitioner may retain the liberty to file a fresh bail application before the Sessions Court

Subjects

regular bailcharge-sheetwithdrawal of applicationcriminal procedureprocedural law

Judgment

 R/CR.MA/17882/2026(GJHC240578332026)                                                 ORDER DATED: 24/08/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 17882 of 2026
==========================================================
      MOHAMMAD HUSSENKHAN KAMAR MOHAMMAD PATHAN
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR MD. MOHSIN M SHAIKH(12400) for the Applicant(s) No. 1
MR MOHDSHAFI SHAIKH(6544) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 24/08/2026
                                                 ORDER

        Learned advocate for the applicant upon instructions seeks
permission to withdraw the present application since pending
the present application, charge-sheet has been <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 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disposed of as withdrawn with above liberty.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 24/08/2026 14:58:21




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