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High Court of Gujarat

ASHABEN MANSUKHBHAI HIRPARA(PATEL)versusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court allowed the withdrawal of the bail application and permitted the applicant to file a fresh application after the charge-sheet is filed.

Summary

Ashaben Mansukhbhai Hirpara (Patel) filed a regular bail application before the filing of a charge-sheet. During the hearing, the applicant's counsel sought permission to withdraw the application, stating an intention to file a fresh bail application after the charge-sheet is filed. The Court, after hearing the parties, granted the request to withdraw the present application. It ordered the application to be disposed of as withdrawn, expressly noting that the merits of the bail request were not examined. The order also clarified that the applicant is free to file a new bail application after the charge-sheet is lodged.

Issues considered

  • Whether a court may permit the withdrawal of a regular bail application filed before the filing of a charge-sheet
  • Whether any procedural impediment exists to filing a fresh bail application after the charge-sheet

Subjects

regular bailwithdrawal of applicationpre-charge sheetcriminal procedureprocedural law

Judgment

       R/CR.MA/13513/2026                                                         ORDER DATED: 18/06/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                 CHARGESHEET) NO. 13513 of 2026
==========================================================
              ASHABEN MANSUKHBHAI HIRPARA(PATEL)
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
MS RIDDHI C. CHAVDA(14146) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 18/06/2026
                                                ORDER


          After arguing for sometime, when the Court is not inclined,
learned advocate for the applicant upon instructions seeks
permission to withdraw the present application with liberty to
file a fresh application after filing of charge-sheet.

          Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. It is made clear that
merits of the case are not examined.


                                                                   (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 18/06/2026 14:23:35




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