1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 873 OF 2008 --: along with :- CRIMINAL APPLICATION NO. 872 OF 2008 CRIMINAL APPLICATION NO. 874 OF 2008 IN CRIMINAL APPEAL NO. 48 OF 1988 Sangita Kisan Pawale. ... ..... Applicant. Versus The State of Maharashtra. ... ..... Respondent. Mr. Abhaykumar Apte for the Applicant. Mr. P. S. Hingorani, APP for the State. CORAM : BILAL NAZKI and A. A. KUMBHAKONI, JJ. DATED : 20TH AUGUST, 2008. P.C.: There is a delay of five years in filing the application for restoration of Criminal Appeal No. 48 of 1988. The applicant was convicted for an offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment. This court while admitting the Criminal Appeal No. 48 of 1988 had granted bail to the applicant and then the applicant did not appear in the Court and the appeal was dismissed by this 2 Court in default on 24th July, 2003. From 2003 till date the applicant was absconding. As her appeal had been dismissed she was expected to undergo the remaining part of the sentence. 2. Learned APP has informed this Court that the applicant has surrendered on 11th August, 2008 and she is now in custody. 3. For this reason, we are condoning the delay in filing the application for restoration of Criminal Appeal No.48 of 1988. Hence, Criminal Application Nos. 873 of 2008 and 872 of 2008 are allowed. 4. Since the appeal is of the year 1988, we direct that the appeal be listed for final hearing after two weeks. Registry to call for the records and proceedings from the trial court. 5. The Registry shall ensure that the order of this Court is communicated to the trial court immediately so that the records are not destroyed. 6. Since the hearing of the appeal is now fixed as above, the Criminal Application No.874 of 2008 praying for bail is rejected and is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (A. A. KUMBHAKONI, J.)