VAGHRI KUNVARBEN W/O KALUBHAI JOITABHAIversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court may allow the withdrawal of a bail application without addressing the merits of the case.
Summary
The petitioner, Vaghri Kunvarben, filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the petitioner sought the court's permission to withdraw the bail application, requesting liberty to pursue any appropriate remedy under law. The respondent, State of Gujarat, opposed the withdrawal. The Hon'ble Justice Hasmukh D. Suthar considered the request and, noting that the court had not been called upon to examine the merits of the case, granted permission to withdraw the application. The court ordered that the application be disposed of as withdrawn, clarifying that no substantive merits were addressed. Consequently, the bail application stands withdrawn without any adjudication on the underlying criminal charges.
Issues considered
- Whether a court may permit the withdrawal of a bail application after a charge-sheet has been filed
Subjects
Judgment
R/CR.MA/10940/2026 ORDER DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10940 of 2026
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VAGHRI KUNVARBEN W/O KALUBHAI JOITABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JIT P PATEL(6994) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
Since charge-sheet is filed, learned counsel for the applicant seeks
permission to withdraw present application with a liberty to available
appropriate remedy available under the law.
Permission as prayed for is granted with liberty as aforesaid. Present
application is disposed of as withdrawn. It is clarified that this Court has not
gone into the merits of the case.
(HASMUKH D. SUTHAR,J)
R.S. MALEK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 16:10:54
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