High Court of Gujarat
AMIT MAHENDRABHAI GANGERAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court allowed the withdrawal of the pending bail application and granted liberty to file a fresh application before the trial court.
Summary
During the pendency of a regular bail application before the filing of a charge sheet, the applicant sought permission to withdraw the pending application and to file a fresh bail application before the trial court. The High Court noted that the charge sheet had been filed and, without examining the merits of the bail request, granted the applicant's prayer to withdraw the present application. The court also granted liberty to the applicant to file a new bail application before the trial court on its own merits. No order as to costs was made, and the present application was marked as withdrawn. The trial court will now consider any fresh bail application filed by the applicant.
Issues considered
- Whether a regular bail application pending before the court can be withdrawn after the charge sheet is filed
- Whether the court may grant liberty to the applicant to file a fresh bail application before the trial court
Subjects
- regular bail
- chargesheet
- withdrawal of application
- trial court
- criminal procedure
Judgment
R/CR.MA/7890/2026 ORDER DATED: 27/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 7890 of 2026
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AMIT MAHENDRABHAI GANGERA
Versus
STATE OF GUJARAT
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Appearance:
KAIVAN M DASTOOR(9322) for the Applicant(s) No. 1
KRUTIK PARIKH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/05/2026
ORAL ORDER
It is reported that during pendency of this
application, charge sheet is filed.
In view of the above fact, learned advocate for the
applicant seeks permission to withdraw present application
with liberty to file a fresh application before learned trial
Court. Permission, as prayed for, is granted. Present
application stands disposed of as withdrawn with above liberty.
Rule discharged.
It is hereby made clear that this Court has not gone
into the merits of the case. Learned trial Court shall decide the
application that may be filed by present applicant on its own
merits and without being influenced by present order of
withdrawal. Notice discharged. No order as to costs.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 27/05/2026 13:30:19
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