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High Court of Gujarat

SADDAMSHA DILIPSHA DIWANversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

An application for cancellation of bail may be withdrawn even after the trial has begun, provided the court grants permission.

Summary

The applicant, Saddamsha Dilipsha Diwan, filed a criminal miscellaneous application seeking cancellation of bail. The application was filed after the trial in the underlying case had already commenced. The applicant, through counsel Mr. Tushar Chaudhary, requested permission to withdraw the application on the ground that the trial was underway. The court considered whether a bail cancellation application could be withdrawn after the commencement of trial proceedings. The judge held that the applicant could be allowed to withdraw the application, as there was no legal impediment to doing so. Accordingly, the court granted the request, disposed of the application as withdrawn, and discharged the notice. No substantive merits on bail cancellation were addressed.

Issues considered

  • Whether an application for cancellation of bail may be withdrawn after the trial has commenced

Subjects

bailwithdrawal of applicationcriminal procedureHigh Courtcancellation of bail

Judgment

         R/CR.MA/18816/2025                                                                   ORDER DATED: 14/07/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                            18816 of 2025

   ==========================================================
                                        SADDAMSHA DILIPSHA DIWAN
                                                  Versus
                                         STATE OF GUJARAT & ANR.
   ==========================================================
   Appearance:
   MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
   NOTICE SERVED for the Respondent(s) No. 2
   MS ASMITA PATEL, APP for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                     Date : 14/07/2026

                                                       ORAL ORDER


                         Learned                advocate                for         the           applicant               seeks

   permission to withdraw this application in view of the fact

   that the trial has already commenced.

                         Permission                  as        prayed             for        is       granted.              This

   application is disposed of as withdrawn. Notice is discharged.



                                                                                          (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 14/07/2026 16:32:38




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