High Court of Gujarat

MOTIBHAI NAGAJIBHAI BHURABHAI RABARIversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The Court permitted the withdrawal of the bail application and granted liberty to file a fresh application after the charge-sheet.

Summary

The applicant, Motibhai Nagajibhai Bhurabhai Rabari, filed a regular bail application before the filing of a charge-sheet. After hearing, the applicant’s counsel sought permission to withdraw the bail application while reserving the right to file a fresh application before the Sessions Court after the charge-sheet is filed. The Court, not inclined to examine the merits, granted the request to withdraw and allowed the liberty to file a fresh application later. No substantive issues on bail were decided. The application was therefore disposed of as withdrawn.

Issues considered

Whether a regular bail application filed before a charge-sheet can be withdrawn at the applicant's request
Whether the court can grant liberty to file a fresh bail application after the charge-sheet is filed

Subjects

regular bailwithdrawal of applicationfresh bail applicationcriminal procedure

Judgment

   R/CR.MA/18661/2026                                                           ORDER DATED: 11/08/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18661 of 2026
==========================================================
            MOTIBHAI NAGAJIBHAI BHURABHAI RABARI
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                         Date : 11/08/2026
                                                ORDER

       After arguing for sometime, when the Court is not inclined,
learned advocate for the applicant upon instructions seeks
permission to withdraw the present application however, has
requested to reserve liberty to 7le fresh application before the
learned Sessions Court, after 7ling 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disposed of as withdrawn with above liberty.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 11/08/2026 14:33:54




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