High Court of Gujarat
CHANDABEN ARMANBHAI SAIYADversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIKHIL S KARIEL
Holding
The Court allowed the withdrawal of the regular bail application and granted liberty to file a fresh bail application before the trial court.
Summary
Chandaben Armanbhai Saiyad filed a regular bail application before the chargesheet was filed. While the application was pending, the investigating officer submitted the charge sheet. The applicant, through counsel, sought permission to withdraw the bail application and instead file a fresh bail application before the trial court. The respondent, the State of Gujarat, opposed the withdrawal. The High Court, after considering the procedural aspects, granted the applicant's request, allowing the withdrawal and liberty to approach the trial court for regular bail. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a regular bail application filed before the charge sheet can be withdrawn after the charge sheet is filed
- Whether the applicant is entitled to liberty to file a fresh bail application before the trial court
Subjects
- regular bail
- chargesheet
- withdrawal of application
- criminal procedure
- High Court
Judgment
R/CR.MA/286/2026 ORDER DATED: 18/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 286 of 2026
========================================================
CHANDABEN ARMANBHAI SAIYAD
Versus
STATE OF GUJARAT
========================================================
Appearance:
CHETAN S VITHLAPARA(8893) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 18/02/2026
ORAL ORDER
Learned Advocate on behalf of the applicant would submit that
charge sheet having been laid by the investigating officer during pendency of
the present application he seeks permission to withdraw the present
application with liberty to file an appropriate application before the learned
Trial Court for being released on regular bail. Permission as prayed for is
granted. The application stands disposed of as withdrawn with liberty as
sought for.
(NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 14:17:25
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