High Court of Gujarat

PRAJAPATI PARTH KAMLESHBHAIversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The court granted permission to withdraw the bail application and reserved liberty to file a fresh application later.

Summary

The applicant, Prajapati Parth Kamleshbhai, filed a regular bail application before the filing of a charge-sheet. The charge-sheet was subsequently filed, prompting the applicant to seek permission to withdraw the pending bail application. The applicant also requested that the court reserve liberty for him to file a fresh bail application after the charge-sheet filing before the Sessions Court. The learned counsel for the respondent opposed the withdrawal. The court, noting the change in circumstances, granted permission to withdraw the application and expressly reserved liberty for the applicant to file a fresh application later. The court did not examine the merits of the bail application and disposed of the present application as withdrawn.

Issues considered

Whether the court may permit withdrawal of a regular bail application after the charge-sheet has been filed
Whether the court can reserve liberty for the applicant to file a fresh bail application post charge-sheet

Subjects

regular bailcharge sheetwithdrawal of applicationliberty to file fresh applicationhigh court order

Judgment

       R/CR.MA/17143/2026                                                        ORDER DATED: 17/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 17143 of 2026
==========================================================
                PRAJAPATI PARTH KAMLESHBHAI
                               Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR ALOK M THAKKAR(6510) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 17/08/2026
                                                 ORDER

          Learned APP has submitted that pending the present
application, charge-sheet has been 3led.
          In view of above, learned advocate appearing for the applicant
upon instructions seeks permission to withdraw the present
application however, has requested to reserve liberty in favor of the
applicant to 3le fresh application, post-3ling of charge-sheet, before
the concerned Sessions Court.
          Permission as prayed for is granted. Present application stands
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 17/08/2026 17:16:03




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