bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 3313 OF 2007 APPLICATION NO. 3313 OF 2007 APPLICATION NO. 3313 OF 2007 Ashrat Safeeque Ansari ... Applicant v/s The State of Maharashtra ... Respondent None for the applicant. Mr.P.A.Pol, A.P.P. for the respondent State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH JUNE, 2008 6TH JUNE, 2008 6TH JUNE, 2008 P.C. P.C. P.C.: 1. The application has been filed through jail for setting aside the order passed on the Misc. Application No.5 of 2007 which was dismissed for want of prosecution on 5.10.2007 as neither the applicant nor his advocate were present. Assuming that the advocate was not present, in my opinion, the Court ought not to have dismissed the application. The applicant was in judicial custody at that particular time and unless directed by the Court, the Police could not have produced the applicant in Court. Hence the applicant was unable to remain present in the Court. In these circumstances, it would be appropriate and in the interest of justice to restore the Miscellaneous Application No.5 of 2007 and 37 of 2007 to the file of 2 the Special Court. 2. Criminal Application No.3313 of 2007 is allowed. 3. Misc. Application Nos.5 of 2007 and 37 of 2007 are restored to the file of the Special Court. 4. Since these miscellaneous applications have been restored, the Trial Court will not dismiss the applications in the absence of the accused if the Police have not been directed to keep him present on a particular date.