High Court of Gujarat

SUNILBHAI SHUBHASHBHAI KATUDIYAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The court granted permission to withdraw the bail application with liberty to file a fresh application after the chargesheet.

Summary

The applicant, Sunilbhai Shubhashbhai Katudiya, filed a regular bail application before the chargesheet was filed and later sought the court's permission to withdraw that application, requesting liberty to file a fresh bail application after the chargesheet is lodged. The respondent, the State of Gujarat, opposed the withdrawal. The court considered whether it could grant such permission. It held that the applicant could be allowed to withdraw the present application with liberty to reapply later. Consequently, the application was disposed of as withdrawn without any examination on its merits.

Issues considered

Whether the court may permit the withdrawal of a regular bail application filed before the chargesheet and grant liberty to refile after the chargesheet is filed

Subjects

bailwithdrawalcriminal procedurechargesheetregular bail

Judgment

     R/CR.MA/18948/2026                                                        ORDER DATED: 14/08/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                 CHARGESHEET) NO. 18948 of 2026

==========================================================
                         SUNILBHAI SHUBHASHBHAI KATUDIYA
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 14/08/2026

                                                  ORDER


         Learned counsel for the applicant, on instructions, seeks permission
to withdraw present application with a liberty to                            le afresh after          ling of
chargesheet.

         Permission as prayed for is granted.
         With above liberty, present application is disposed of as withdrawn
at this stage. This Court has not examined the matter on merit.




                                                                        (HASMUKH D. SUTHAR,J)
SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 14/08/2026 15:57:39
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