1 102.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.102 OF 2011 IN CRIMINAL WRIT PETITION NO.3375 OF 2010 Mr.Bansh N.Pal ...Applicant Versus The State of Maharashtra & Anr. ...Respondents ...... Mr.Prashant Maggu for Petitioner. Ms.S.V.Gajare, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- MARCH 1, 2011. P.C. 1. The explanation offered for absence of the petitioner and his Advocate on 5th January, 2011 is unacceptable. However, as noted in the said order, the Petition will be restored only if the petitioner were to compensate the State Exchequer by paying cost which we quantify as Rs. 5,000/- (Rupees Five Thousand) in State Treasury Account No.0055 for Police Department, as the Investigating Officer was present in Court to instruct the learned A.P.P. As a result, the State Exchequer has suffered as also the time spent by the instructing officer in Court has gone waste and the said Officer will have to attend the Court once again after the Writ Petition is restored. 2 102.11 2. Accordingly, application is allowed on the above condition. Cost amount be paid on or before 8th March, 2011 and receipt of such payment be produced in the Registry, failing which, the earlier order shall stand revived. Application disposed of on the above terms. Restored Writ Petition be listed on 22 nd March, 2011 . (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)