mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4161 OF 2008 Vijay Singh Bhogal Applicant versus Dilip S. Parekh & another Respondents Indrajeet R. Kulkarni for applicant. Ms.A.T.Javeri, APP for State. CORAM : A.S.OKA, J. DATE : 12th January 2009 PC : 1. None appears for the applicant. Therefore, the application was kept back. None appears for the applicant when the application was called out on second occasion. Hence, dismissed for default. (A.S.OKA, J.) AT AT AT 3.00 P.M. : 3.00 P.M. : 3.00 P.M. : 2. In the morning session the application was dismissed in default as advocate for the applicant was absent. On the oral prayer made by the advocate for the applicant, the order of dismissal is recalled and application is restored. 3. A case is made out for grant of special leave to prefer an appeal under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. Leave is granted. The appeal is admitted. Call for record and proceedings. (A.S.OKA, J.)