High Court of Gujarat
NALINBHAI S/O ASHOKBHAI AMBALAL PATELversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIKHIL S KARIEL
Holding
The court held that the applicant may withdraw the bail application and is granted liberty to approach the Sessions Court after the charge-sheet is filed.
Summary
The applicant, Nalinbhai S/o Ashokbhai Ambalal Patel, filed a regular bail application before the filing of a charge-sheet. He sought permission to withdraw the bail application and instead approach the Sessions Court after the charge-sheet is filed. The respondent, the State of Gujarat, opposed the withdrawal. The Hon'ble Justice Nikhil S. Kariel considered whether the applicant could be allowed to withdraw the application and retain the liberty to approach a lower court later. No substantive legal arguments on merits were required as the request was procedural. The court granted the applicant's request, allowing the withdrawal and liberty to approach the Sessions Court. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a regular bail application filed before a charge-sheet can be withdrawn with liberty to approach the Sessions Court after the charge-sheet is filed
Subjects
- regular bail
- withdrawal of application
- pre-charge sheet
- criminal procedure
- Sessions Court
Judgment
R/CR.MA/6762/2026 ORDER DATED: 24/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6762 of 2026
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NALINBHAI S/O ASHOKBHAI AMBALAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. ALAK A PANDYA(7164) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 24/03/2026
ORAL ORDER
Learned Advocate Mr. Alak A. Pandya appearing on behalf of the
applicant seeks permission to withdraw the present application with
liberty to approach the learned Sessions Court after charge-sheet is filed.
Permission as sought for is granted. The present application stands
disposed of as withdrawn with the liberty as sought for being granted.
(NIKHIL S. KARIEL,J)
BDSONGARA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 25/03/2026 15:27:45
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