DHAVALKUMAR BHARATBHAI GAJJARversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that the bail application could not be pressed before the charge-sheet and disposed of it, permitting a fresh application after the charge-sheet is filed.
Summary
The applicant, Dhavalkumar Bharatbhai Gajjar, filed a regular bail application before the charge-sheet was filed. The applicant's counsel argued that the bail application could not be pressed until the charge-sheet is filed and sought permission to file a fresh application thereafter. The Court noted that the charge-sheet had not been filed and therefore the present application was not pressed. Consequently, the Court granted permission to file a fresh bail application after the charge-sheet is filed and disposed of the present application without examining its merits.
Issues considered
- Can a regular bail application be entertained before the filing of a charge-sheet?
- Is the applicant entitled to file a fresh bail application after the charge-sheet is filed?
Subjects
Judgment
R/CR.MA/19585/2026(GJHC240636662026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 19585 of 2026
==============================================
DHAVALKUMAR BHARATBHAI GAJJAR
Versus
STATE OF GUJARAT
==============================================
Appearance:
MR. J N VADODARIA(17299) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/08/2026
ORDER
After arguing for sometime, the learned Advocate for the applicant
has submitted that since the charge-sheet is not filed, he does not press
the present application with liberty to file afresh application after filing of
the charge-sheet. Permission as prayed for is granted.
Accordingly, the present application is disposed of being not
pressed. This Court has not gone into merit of the case.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 21/08/2026 14:47:52
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