IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1388 of 2008 NIRMAL KUMAR DWIVEDI @ NIRMAL KUMAR TRIVEDI…..Petitioner Versus STATE OF BIHAR ….Opposite party ----------- For the petitioner : Mr. S. N. P. Sinha, Sr. Adv. : Mr. J. N. Sinha, Adv. : Mr. Mira Kumari, Adv. : Mr. Mukesh Kumar, Adv. For the State : Mr. Gopesh Kumar, App. 2. 3.12.2008. This Cr. Revision has been preferred against the judgment and order dated 15.9.2008 passed by Additional Sessions Judge, Fast Track Court No. IV, Muzaffarpur in Cr. Appeal No. 94 of 2007 thereby the judgment of conviction and sentence dated 28.8.2007 passed by Sri S. K. Pandey, Judicial Magistrate, Ist Class, Muzaffarpur in Trial No. 85 of 2007 has been affirmed. Heard learned counsel for the petitioner as well as the State. While referring to paragraph 15 of the impugned judgment it is submitted by learned counsel for the petitioner that impugned judgment is illegal and bad. It has been passed without hearing or giving opportunity to the appellant to be heard which is in contravention of Section 384(1)(a) of Cr.P.C. In support of his contention, he has relied upon a decision of the Apex Court reported in 1982 SCC Crime page 143: Khaili & Ors. Vs. State of U.P. Considered the submission of learned counsel for the petitioner and perused the aforesaid section as well as the decision of the Apex Court. According to the law, it is the duty of the court to appoint an advocate and hear on behalf of the appellant, if the counsel for the appellant does not turn up at the time of final hearing. In this - 2 - very case, admittedly the appellant has not been heard. Accordingly, under the facts and circumstances, this revision is allowed and impugned judgment is, hereby, set aside. The matter is remanded back to the court below to decide the matter afresh after giving opportunity to the appellant to be heard. It is submitted that during the course of hearing of the appeal, this petitioner was on bail. Accordingly, the petitioner namely Nirmal Kumar Dwivedi @ Nirmal Kumar Trivedi is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each till the decision of the appeal by the lower court. kanchan (Ghanshyam Prasad, J.)