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High Court of Gujarat

XXXXXXX (AMENDED AS PER ORDER DATED 17/08/2026)versusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

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 Consequently, the original application was disposed of as withdrawn.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

anticipatory bailcancellation of bailwithdrawal of applicationcriminal procedureHigh Court orderSessions Court

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
  ==========================================================
                              XXXXXXX
                                                   Versus
                                          STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
  MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
  ==========================================================
      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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