ISRATKHATUN W/O MO.HAIDARALI MO.BAKARALI D/O MO.MANIR MO.RAJAKversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The High Court granted permission to withdraw the bail application, disposing of it as withdrawn while allowing a fresh application under the stipulated conditions.
Summary
The applicant, Isratkhatun, filed a regular bail application after the filing of a chargesheet. Subsequently, she sought permission to withdraw that bail application, requesting liberty to file a fresh application if the trial does not progress or material witnesses are not examined promptly. The High Court granted the request, ordering the application to be treated as withdrawn and allowing her to file a fresh application under the specified conditions. The Court also directed the trial court to expedite the trial. No merits of the bail application were examined by the Court.
Issues considered
- Whether the High Court may permit the withdrawal of a regular bail application filed after a chargesheet
- Whether the applicant should be granted liberty to file a fresh bail application if the trial does not commence or material witnesses are not examined within a reasonable time
Subjects
Judgment
R/CR.MA/19014/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 19014 of 2026
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ISRATKHATUN W/O MO.HAIDARALI MO.BAKARALI D/O MO.MANIR
MO.RAJAK
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MATAFER R PANDE(3952) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/08/2026
ORDER
The learned advocate for the applicant seeks permission to
withdraw the present application at this stage, with liberty to file
a fresh application in the event of substantial progress in the
trial or if material witnesses are not examined within a
reasonable period of time.
Permission as prayed for is granted. The application stands
disposed of as withdrawn at this stage with above liberty. The
applicant is at liberty to file a fresh application if the trial does
not commence or if the material witnesses are not examined
within a reasonable period of time.
The trial Court is directed to expedite the trial
It is clarified that this Court has not gone into the merits of
the case.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 16:57:22
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