vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1262 OF 2008 WRIT PETITION NO.1262 OF 2008 WRIT PETITION NO.1262 OF 2008 Shivaji Namdeo Shelar ... Petitioner V/s. The State of Maharashtra ... Respondent a/w WRIT PETITION NO.1263 OF 2008 WRIT PETITION NO.1263 OF 2008 WRIT PETITION NO.1263 OF 2008 Shivaji Namdeo Shelar ... Petitioner V/s. The State of Maharashtra ... Respondent and WRIT PETITION NO.1264 OF 2008 WRIT PETITION NO.1264 OF 2008 WRIT PETITION NO.1264 OF 2008 Shivaji Namdeo Shelar ... Petitioner V/s. The State of Maharashtra ... Respondent Mr.Vijay Boinjkar for Petitioner Mr.P.A. Pol, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 25, 2008 JUNE 25, 2008 JUNE 25, 2008 P.C.: P.C.: P.C.: . These petitions have been filed against the dismissal of criminal appeal Nos.86 of 2001, 87 of 2001 and 88 of 2001. The Additional Sessions Judge, Satara has by his order dated 21.4.2008 dismissed the appeals of the petitioner for default. 2. The short question involved in these petitions : 2 : is whether the Sessions Court has the power todismiss an appeal for default, under the Criminal Procedure Code. 3. In the case of Kishan Singh vs. State of U.P., (1996) 9 SCC 372, (1996) 9 SCC 372, (1996) 9 SCC 372, the Supreme Court has held that the summary dismissal of an appeal against the conviction for non-appearance of the appellant or his counsel is illegal. After discussing the provisions of sections 382 and 384 of the Cr.P.C., the Supreme Court has observed that the clear language of the provisions of Cr.P.C. indicate that the appeal against conviction cannot be dismissed on the ground of non-appearance of the appellant or his counsel. In this situation, the Sessions Court was not right in dismissing the appeal filed by the petitioner for his non-appearance. 4. The petitions are, therefore, allowed. Appeal Nos.86 of 2001, 87 of 2001 and 88 of 2001 are restored to file. The same shall be heard on merits, expeditiously.