XXXXXXX (AMENDED AS PER ORDER DATED 17/08/2026)versusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The High Court allowed the withdrawal of the bail cancellation application and granted liberty to file an appropriate application before the Sessions Court.
Summary
The State of Gujarat filed a criminal miscellaneous application before the Gujarat High Court seeking cancellation of anticipatory bail granted to the accused by the Sessions Court. The applicant's counsel later requested permission to withdraw this application and instead file a suitable application for bail cancellation before the Sessions Court. The High Court granted the request, allowing the withdrawal and providing liberty to approach the Sessions Court with an appropriate application. Consequently, the original application was disposed of as withdrawn. No substantive merits on bail cancellation were addressed as the matter was procedural.
Issues considered
- What procedural requirements must be satisfied to withdraw a criminal miscellaneous application seeking cancellation of bail before the High Court?
- Whether the applicant can be granted liberty to file a fresh application for bail cancellation before the Sessions Court after withdrawing the High Court application.
Subjects
Judgment
R/CR.MA/7455/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
7455 of 2026
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XXXXXXX
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/08/2026
ORAL ORDER
Leave to amend the cause-title is granted.
Amendment to be carried out forthwith.
After the amendment is made, Registry is directed
to correct the cause-title accordingly.
Learned advocate for the applicant seeks
permission to withdraw this application with a liberty to file
appropriate application for cancellation of bail before the
concerned Sessions Court, as this application is filed directly
before this Court challenging the order of granting
anticipatory bail to the respondent-accused by the learned
Sessions Court.
Permission as prayed for is granted with the
aforesaid liberty. This application is disposed of as
withdrawn.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 18:17:16
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