High Court of Gujarat

JITENDRA @ JITU SHANKERLAL(SHANKARALAL)SITARAM PALIWALversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH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

Holding

The court granted permission to withdraw the bail application and disposed of it as withdrawn.

Summary

The petitioner filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the petitioner sought permission to withdraw the bail application, seeking liberty to pursue any appropriate remedy under law. The court examined the request and, without delving into the merits of the underlying criminal case, granted permission to withdraw the application. The application was consequently disposed of as withdrawn. The order clarified that no substantive consideration of the case merits was made.

Issues considered

Whether a bail application filed before a charge-sheet can be withdrawn after the charge-sheet is filed
Whether the court may grant liberty to pursue other legal remedies upon withdrawal

Subjects

bailcriminal procedurewithdrawal of applicationcharge-sheethigh court

Judgment

           R/CR.MA/6680/2026                                                              ORDER DATED: 07/05/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                       CHARGESHEET) NO. 6680 of 2026

    ==========================================================
        JITENDRA @ JITU SHANKERLAL(SHANKARALAL)SITARAM PALIWAL
                                  Versus
                            STATE OF GUJARAT
    ==========================================================
    Appearance:
    MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
    MR JIGAR L PATEL(11596) for the Respondent(s) No. 1
    MS MONALI BHATT, APP for the Respondent(s) No. 1
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                    Date : 07/05/2026

                                           ORDER
               Since charge-sheet is filed, learned counsel for the applicant seeks
    permission to withdraw present application with a liberty to available
    appropriate remedy available under the law.
               Permission as prayed for is granted with liberty as aforesaid. Present
    application is disposed of as withdrawn. It is clarified that this Court has not
    gone into the merits of the case.


                                                                                    (HASMUKH D. SUTHAR,J)
    R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 16:11:42




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