High Court of Gujarat
MOHMADSOHEL SALIMMOHMAD MAKRANIversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIKHIL S KARIEL
Holding
The court permitted the withdrawal of the bail application and granted liberty to approach the trial court afresh.
Summary
The applicant, Mohd Sohel Salim Mohmad Makrani, filed a regular bail application before the chargesheet was filed. During the pendency of the application, the charge-sheet was led, and the applicant's counsel sought permission to withdraw the bail application and to approach the trial court afresh. The court considered whether the applicant could withdraw the bail application after the charge-sheet was filed. The judge granted permission to withdraw the application and allowed the applicant liberty to re‑file before the trial court. Consequently, the bail application was disposed of as withdrawn.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- Whether a regular bail application filed before the charge-sheet can be withdrawn after the charge-sheet is led
- Whether the applicant is entitled to liberty to approach the trial court afresh after withdrawal
Subjects
- regular bail
- charge-sheet
- withdrawal of application
- criminal procedure
- bail
Judgment
R/CR.MA/5179/2026 ORDER DATED: 03/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5179 of 2026
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MOHMADSOHEL SALIMMOHMAD MAKRANI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/03/2026
ORAL ORDER
Learned advocate Mr.O.I.Pathan appearing on behalf of
the applicant would submit that during the pendency of this
application, charge-sheet is led, hence, learned advocate
would not press the present application and seeks permission
to withdraw the same with a liberty to approach the learned
Trial Court afresh.
Permission is granted. The present application stands
disposed of as withdrawn with the liberty as sought for being
granted.
(NIKHIL S. KARIEL,J)
Bhoomi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 03/03/2026 16:55:00
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