1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL REVISION APPLICATION NO.272/2009 Joseph Kozy Francis and another. V/s The State of Maharashtra and another. ............. Mr.P.F.D’souza, Advocate for the Applicants. Mr.H.J.Dedhi, APP for the State. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 PC :- 1 As per the order dated 02.05.2009 the revision application was ordered to be placed today. 2 Rule. The learned APP waives service for the Respondents. Taken up for final hearing. 3 The Applicants have been convicted by the learned Magistrate for commission of the offences under Sections 83 and 66(i)(b) of the Bombay Prohibition Act. The Applicants preferred an appeal against the order of conviction. The said appeal has been dismissed by the impugned order. The impugned order shows that the Applicants and their Advocate were absent when the appeal was heard. The appeal has been decided on merits in absence of the Advocate for the Applicants. 4 The learned counsel appearing for the Applicants assures the Court that if the appeal is remanded to the Sessions Court, the Applicants will ensure that their Advocate will remain present and argue the appeal. 5 Hence, I pass the following order:- (i) The impugned order dated 21.04.2009 is quashed and set aside and Criminal Appeal No.546/2006 is restored to the file of the Sessions Court. (ii)Interim order which was operating during the pendency of the appeal is also 2 restored. (iii)The appeal will be decided on it’s own merits afresh. Hearing of the appeal is expedited. (iv)Revision Application is disposed of in the above terms. JUDGE kps