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High Court of Gujarat

AMIT MAHENDRABHAI GANGERAversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

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 No order as to costs was made, and the present application was marked as withdrawn.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  • Whether a regular bail application pending before the court can be withdrawn after the charge sheet is filed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
        ==========================================================
                                           AMIT MAHENDRABHAI GANGERA
                                                       Versus
                                                 STATE OF GUJARAT
        ==========================================================
        Appearance:
        KAIVAN M DASTOOR(9322) for the Applicant(s) No. 1
        KRUTIK PARIKH APP for the Respondent(s) No. 1
        ==========================================================

           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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