HEMANT DAYARAM BARKADEversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The court allowed the withdrawal of the regular bail application with liberty to file a fresh application, without examining the merits.
Summary
The applicant, Hemant Dayaram Barkade, filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the applicant sought permission to withdraw the bail application and to file a fresh one. The learned counsel for the applicant submitted this request to the High Court of Gujarat. The court, after hearing the counsel, granted permission to withdraw the application and allowed the applicant to file a fresh bail application. The court expressly stated that it did not consider the merits of the bail application. The order was signed by Justice Hasmukh D. Suthar and the application was disposed of as withdrawn.
Issues considered
- Whether a regular bail application filed before a charge-sheet can be withdrawn after the charge-sheet is filed
- Whether the court can grant liberty to file a fresh bail application after withdrawal
Subjects
Judgment
R/CR.MA/12214/2026 ORDER DATED: 08/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12214 of 2026
==========================================================
HEMANT DAYARAM BARKADE
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/06/2026
ORDER
Learned advocate for the applicant upon instructions
submits that pending the present application charge-sheet has
been filed and therefore, seeks permission to withdraw the
present application with liberty to file fresh application.
Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. It is made clear that
this Court has not gone into merits of the case.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/06/2026 15:37:02
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