High Court of Gujarat

BHARATBHAI NAJABHAI NANGAHversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The Court allowed the withdrawal of the bail application and granted the applicants liberty to file a fresh application before the Sessions Court after the charge-sheet is filed.

Summary

The applicants, Bharatbhai Najabhai Nangah and another, filed a regular bail application before the charge-sheet was filed. After hearing, the applicant's counsel sought permission to withdraw the application while reserving the right to file a fresh bail application before the Sessions Court after the charge-sheet is filed. The Court, not inclined to examine the merits, granted the request to withdraw. It also allowed the applicants liberty to file a new application later. Consequently, the present bail application was disposed of as withdrawn without any substantive consideration of the case.

Issues considered

Whether the High Court can permit withdrawal of a regular bail application filed before the charge-sheet and grant liberty to re‑file a fresh application later.

Subjects

regular bailwithdrawal of applicationliberty to re‑applycriminal procedureHigh Court

Judgment

   R/CR.MA/17570/2026                                                           ORDER DATED: 31/07/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 17570 of 2026
==========================================================
             BHARATBHAI NAJABHAI NANGAH & ANR.
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR KISHAN H DAIYA(6929) for the Applicant(s) No. 1,2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                         Date : 31/07/2026
                                                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 however, has
requested to reserve liberty to file fresh application before the
learned Sessions Court, after filing 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disposed of as withdrawn with above liberty.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 31/07/2026 14:31:42




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