MADHUBEN W/O JANAKKUMAR VISHNUBHAI RAVAL(JOSHI)versusSTATE 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- 27-WITHDRAWN @ ADM.STAGE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 before the competent court.
Summary
The applicant, Madhuben, filed a regular bail application before the charge-sheet was filed in the Sessions Court. After the charge-sheet was laid, the applicant sought permission to withdraw the bail application and to file a fresh application before the competent court. The learned counsel argued that withdrawal was permissible despite the charge-sheet being filed. The Court examined whether a bail application could be withdrawn at this stage and whether the applicant could be granted liberty to re‑file. It held that the applicant may withdraw the pending application and is free to file a fresh bail petition before the appropriate court. Accordingly, the application was disposed of as withdrawn with liberty to file a fresh application.
Issues considered
- Whether a regular bail application filed before the charge-sheet can be withdrawn after the charge-sheet is laid
- Whether the applicant should be granted liberty to file a fresh bail application before the competent court
Subjects
Judgment
R/CR.MA/6320/2026 ORDER DATED: 08/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6320 of 2026
==========================================================
MADHUBEN W/O JANAKKUMAR VISHNUBHAI RAVAL(JOSHI)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 08/04/2026
ORAL ORDER
Mr. Ra k Lokhandwala, learned advocate for the
applicant submits that, since the charge-sheet has been
laid before the concerned Sessions Court, he be
permitted to withdraw this application with a liberty to
le fresh application before the concerned competent
court. Permission as prayed for is granted. Application
stands disposed of as withdrawn, with the above liberty.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 16:03:12
Page 1 of 1
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.