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High Court of Gujarat

BHAVINKUMAR KIRITBHAI PATELversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court held that the bail application may be withdrawn and the applicant may file a fresh bail application if the trial does not begin within four months.

Summary

The petitioner, Bhavinkumar Kiritbhai Patel, filed a regular bail application after the filing of a chargesheet in a criminal case against the State of Gujarat. The applicant, through counsel Manan V. Patel, later sought permission to withdraw the bail application and requested liberty to file a fresh bail application. The respondent, the State, was represented by Mr. Soaham Joshi. The High Court examined whether the applicant could withdraw the pending bail application and be allowed to re‑apply if the trial had not commenced within a stipulated period. The Court found no legal impediment to permitting the withdrawal and granted the liberty to file a new bail application if the trial does not begin within four months. Accordingly, the application was disposed of as withdrawn with the said liberty.

Issues considered

  • Whether the bail application can be withdrawn and a fresh bail application be filed later
  • Whether the court can grant liberty to re‑apply if trial does not commence within four months

Subjects

bailcriminal procedurewithdrawal of applicationtrial delayhigh courtchargesheet

Judgment

       R/CR.MA/6614/2026                                                             ORDER DATED: 23/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                   CHARGESHEET) NO. 6614 of 2026

==========================================================
                                 BHAVINKUMAR KIRITBHAI PATEL
                                            Versus
                                      STATE OF GUJARAT
==========================================================
Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
         DESAI

                                               Date : 23/04/2026

                                                 ORAL ORDER


Mr.Manan Patel learned advocate for the applicant seeks

permission                 of      this        Court           to       withdraw               the        present

application with a liberty to file once again.


Application stands disposed of as withdrawn with a liberty

to file fresh bail application in accordance with law, if the

trial does not begin within a period of four months.




                                                              (UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2026 18:21:48




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