High Court of Gujarat
MOHAMMAD HUSSENKHAN KAMAR MOHAMMAD PATHANversusSTATE OF GUJARAT
- Decided
- 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- 40-WITHDRAWN @ FH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The Court granted permission to withdraw the bail application and disposed of it as withdrawn.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 The application was disposed of as withdrawn, and the Court did not examine the merits of the bail request.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- Whether a regular bail application pending before the charge-sheet can be withdrawn after the charge-sheet is filed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 bail
- charge-sheet
- withdrawal of application
- criminal procedure
- procedural 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
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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disposed of as withdrawn with above liberty.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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