High Court of Gujarat

JAGDEVSINH LADHUBHA CHUDASAMAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: HASMUKH D SUTHAR

Holding

The court allowed the withdrawal of the bail application and granted liberty to file a fresh application later.

Summary

The petitioners, Jagdevsinh Ladhubha Chudasama and another, filed a regular bail application before the charge-sheet was filed. During the hearing they sought to withdraw the application but asked the court to allow them to file a fresh bail application before the Sessions Court after the charge-sheet is filed. The learned judge granted permission to withdraw the application and allowed the liberty to file a fresh application later, without examining the merits of the case. The application was therefore disposed of as withdrawn. No substantive issues on bail were decided.

Issues considered

Whether a regular bail application filed before the filing of a charge-sheet can be withdrawn at the request of the applicant
Whether the court can grant liberty to the applicant to file a fresh bail application after the charge-sheet is filed

Subjects

regular bailwithdrawal of applicationcharge-sheethigh courtliberty to reapply

Judgment

    R/CR.MA/15765/2026                                                            ORDER DATED: 12/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 15765 of 2026
==========================================================
            JAGDEVSINH LADHUBHA CHUDASAMA & ANR.
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR CB UPADHYAY with MR DARSHIT H RAVAL(11887) for the Applicant(s) No. 1,2
MR RAHUL R DHOLAKIA(6765) for the Respondent(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 12/08/2026
                                                  ORDER

         After arguing for sometime, when the Court is not inclined,
learned advocate for the applicants upon instructions seeks
permission to withdraw the present application however, has
requested to reserve liberty to <le fresh application before the
learned Sessions Court, after <ling of charge-sheet.

         Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. This Court has not
examined the 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 12/08/2026 14:31:37




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