High Court of Gujarat

GIRISHBHAI JADAVJIBHAI BHANUSHALIversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The appeal is restored to its original status as the Court is satisfied with the applicant’s reasons for non‑appearance.

Summary

The applicant, Girishbhai Jadavjibhai Bhanushali, filed a criminal miscellaneous application seeking restoration of his criminal appeal which had been dismissed on 30‑04‑2026 because he failed to appear when the matter was called and did not seek a pass‑over. The respondent State of Gujarat opposed the restoration. The applicant’s counsel explained the reasons for his non‑appearance as set out in paragraph 3 of the application. The Court examined the explanation and found the reasons sufficient to justify the failure to appear. Consequently, the Court allowed the restoration application and reinstated the appeal to its original status.

Issues considered

What is the appropriate remedy when a criminal appeal is dismissed for non‑appearance without a request for pass‑over?

Subjects

restoration of appealnon‑appearancepass‑overcriminal procedureprocedural default

Judgment

                      R/CR.MA/12733/2026                                                 ORDER DATED: 02/07/2026




                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 12733 of
                                                2026
                                   In R/CRIMINAL APPEAL/704/2024
                 ==========================================================
                                        GIRISHBHAI JADAVJIBHAI BHANUSHALI
                                                      Versus
                                             STATE OF GUJARAT & ANR.
                 ==========================================================
                 Appearance:
                 MR KISHOR PRAJAPATI(2061) for the Applicant(s) No. 1
                 MR RONAK RAVAL, APP for the Respondent(s) No. 1
                 ==========================================================
                    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                                     Date : 02/07/2026
                                      ORAL ORDER

                         1. The present application is filed seeking restoration of

                         the captioned Criminal Appeal.

                         2.    This        Court       by     an      order       dated       30.04.2026        had

                         dismissed the captioned appeal in view of the fact that

                         none appeared when the matter was called out nor any

                         request for passover was sought.

                         3. Learned advocate for the applicant stated the reasons

                         at    para        nos.3     of     the     application         for     not     remaining

                         present.

                         4. Having heard learned advocate for the applicant and

                         having considered the application, sufficient reasons have

                         been mentioned in the application for not remaining

                         present when the matter was called out. In view of the

                         same, the present application is allowed. The captioned

                         matter is restored to its original status.

                                                                                      (SANJEEV J.THAKER,J)
                 URIL RANA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 15:21:53
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