High Court of Gujarat

ANILBHAI BHIKHABHAI VIBHANIversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The Court granted permission to withdraw the pending bail applications and disposed of them as withdrawn, reserving liberty to file fresh applications.

Summary

The petitioners filed regular bail applications before the charge-sheet was filed. After the charge-sheet was led, they sought the Court's permission to withdraw those applications and requested liberty to file fresh applications before the Sessions Court. The learned counsel for the petitioners argued that the pending applications were no longer necessary. The Court considered whether it could grant permission to withdraw the applications and allow the petitioners to approach the lower court later. It granted the permission, disposed of the applications as withdrawn, and expressly stated that it would not examine the merits of the case. The order also directed that a copy be placed in each of the applications.

Issues considered

Whether the Court may grant permission to withdraw pending bail applications after a charge-sheet has been filed
Whether the petitioners may be given liberty to file fresh bail applications before the Sessions Court

Subjects

regular bailwithdrawal of applicationcharge-sheetcriminal procedurehigh court order

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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