NOTIYAR MAMAD MUSTAKSIDHIKversusSTATE OF GUJARAT
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- SANJEEV THAKER
Holding
The anticipatory bail application was dismissed for want of prosecution due to the applicant’s non‑appearance.
Summary
The petitioner, Notiyar Mamad Mustaksidhik, filed an anticipatory bail application before the Gujarat High Court against the State of Gujarat. The petitioner’s counsel, Ms. Ketki P. Jha, withdrew her appearance, prompting the Registrar to issue a notice to the applicant. Despite multiple notices dated 16‑06‑2026, 23‑06‑2026 and 30‑06‑2026, the petitioner failed to appear before the Court. A fresh notice was also served, but again there was no appearance. The Court held that the application could not proceed in the absence of the applicant and dismissed it for want of prosecution. Consequently, the anticipatory bail relief was not granted.
Issues considered
- Whether an anticipatory bail application may be dismissed for want of prosecution when the applicant fails to appear despite notice.
Subjects
Judgment
R/CR.MA/4232/2026 ORDER DATED: 18/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4232
of 2026
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NOTIYAR MAMAD MUSTAKSIDHIK
Versus
STATE OF GUJARAT
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Appearance:
NOTICE UNSERVED for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/08/2026
ORAL ORDER
By an order dated 07.05.2026, the Registrar Judicial has
observed that learned advocate Ms. Ketki P. Jha had
withdrawn her appearance and the office was directed to
issue advocate notice to the applicant.
On 16.06.2026, 23.06.2026 and 30.06.2026, this Court
has observed that none present though the advocate notice
has been served. Thereafter, fresh notice is also served but
none has remained present.
In view of the same, the present application stands
dismissed for want of prosecution.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2026 17:09:59
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