MALABHAI NATHABHAI SAMECHA(DEVIPOOJAK)versusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court allowed the withdrawal of the bail application as it had become infructuous following the applicant’s acquittal.
Summary
The applicant, Malabhai Nathabhai Samecha (Devipoojak), filed a regular bail application after the filing of a chargesheet. While the application was pending, the trial court acquitted the applicant of the charges. On the basis of the acquittal, the applicant’s counsel sought permission to withdraw the bail application. The High Court examined the request and, noting that the acquittal rendered the bail application moot, granted permission to withdraw. Consequently, the application was disposed of as withdrawn without any substantive examination on its merits.
Issues considered
- Whether a bail application pending before the court can be withdrawn after the applicant has been acquitted?
Subjects
Judgment
R/CR.MA/17986/2026 ORDER DATED: 06/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 17986 of 2026
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MALABHAI NATHABHAI SAMECHA(DEVIPOOJAK)
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/08/2026
ORDER
During pendency of present application, the applicant is acquitted by
the ld. trial Court, learned counsel for the applicant, on instructions, seeks
permission to withdraw present application.
Permission as prayed for is granted.
Present application is disposed of as withdrawn as having become
infructuous. This Court has not examined the matter on merit.
(HASMUKH D. SUTHAR,J)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 06/08/2026 14:52:58
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