High Court of Gujarat

BHARATBHAI VIRSINGBHAI MINAMAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The application was dismissed for want of prosecution due to the absence of the appellant's counsel.

Summary

The appellant, Bharatbai Virsingbai Minama, filed an application in the High Court of Gujarat seeking relief against her conviction. During the hearing, the counsel representing the appellant was absent. The court therefore dismissed the application on the ground of want of prosecution. The judges reserved liberty for the appellant to file a fresh petition if necessary. No substantive merits of the conviction were addressed in this order.

Issues considered

What is the appropriate course of action when an application is filed but the appellant's counsel fails to appear for the hearing?

Subjects

criminal appealdismissalwant of prosecutionabsence of counselhigh court order

Judgment

          R/CR.A/19/2016                                                                    ORDER DATED: 09/02/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 19 of
                            2016
                            With
      R/CRIMINAL MISC.APPLICATION NO. 479 of 2016
                              In
             R/CRIMINAL APPEAL NO. 19 of 2016
=========================================
              BHARATBHAI VIRSINGBHAI MINAMA
                           Versus
                    STATE OF GUJARAT
=========================================
Appearance:
MR VD PARGHI(568) for the Appellant(s) No. 1
MR BHARGHAV PANDYA, APP for the Opponent(s)/Respondent(s)
No. 1
=========================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                Date : 09/02/2026

                    ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


            When the matter was called out, learned counsel appearing
on       behalf           of      the        appellant–accused                        remained                absent.            The
application stands disposed of for want of prosecution. Liberty is
reserved to 9le a fresh petition, if the need so arises.



                                                                                                (ILESH J. VORA,J)



                                                                                           (R. T. VACHHANI, J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/02/2026 15:16:00




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