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High Court of Gujarat

VASUDEVBHAI NARMADASHANKAR PANDYAversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application after six months if the trial is not concluded.

Summary

The applicant, Vasudevbhai Narmadashankar Pandya, filed a criminal miscellaneous application seeking successive regular bail after the filing of a chargesheet. The trial court had examined 19 prosecution witnesses and was nearing the conclusion of the trial. The applicant's counsel, Mr. Viral Vyas, requested permission to withdraw the bail application, seeking liberty to file a fresh application after six months if the trial remained pending. The respondent, the State of Gujarat, opposed the withdrawal. The Court, after reviewing the trial report and hearing both sides, granted the request to withdraw the application with the liberty to re‑apply later. Consequently, the present application was disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw a bail application after the chargesheet has been filed and seek liberty to re‑file later.

Subjects

bailchargesheetwithdrawalcriminal procedureapplication

Judgment

      R/CR.MA/4099/2025                          ORDER DATED: 27/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
           BAIL - AFTER CHARGESHEET) NO. 4099 of 2025

========================================================
                   VASUDEVBHAI NARMADASHANKAR PANDYA
                                  Versus
                            STATE OF GUJARAT
========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
========================================================

 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                             Date : 27/01/2026

                              ORAL ORDER


1.               Heard learned advocate Mr. Viral Vyas for learned

advocate Mr. Ashish Dagli for the applicant and learned APP

Mr. Aditya Jadeja for the respondent – State.


2.               Perused a report dated 18.12.2025 of the 2 nd

Additional District Judge, Radhanpur. As per the above-referred

report, the learned Trial Court has stated that in all 19

prosecution witnesses have been examined by the prosecution

and the prosecution has examined the Investigating Officer as

PW.19 at Exh.86. Summons has been issued to one witness at

Sr.No.15 in the charge sheet. The prosecution intends to

examine 1 to 2 more witnesses and rest of the witnesses have


                                 Page 1 of 2
       R/CR.MA/4099/2025                                                         ORDER DATED: 27/01/2026




 been dropped by the prosecution. The trial has reached fag end

 and as per the learned APP, their evidence would be over in

 short period and as the recording of the evidence would be

 over, the trial would be culminated in short period. The said

 report is taken on record.


 3.                  In view of the above, learned advocate Mr. Viral

 Vyas for the applicant seeks permission to withdraw present

 application with liberty to file a fresh application after a period

 of six months if the trial is not concluded.


 4.                  Permission, as prayed for, is granted. The present

 application stands disposed of as withdrawn with above liberty.




                                                                                           (S. V. PINTO,J)
 F.S. KAZI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 14:29:24




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