SSK/ 1 appr.344.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 344 OF 2011 IN CRIMINAL REVISION APPLICATION NO. 367 OF 2009 Sangeeta A. Kunte ....Applicant Versus Ajay @ Anil Shankarrao Zende & Ors. ...Respondents Ms. Debajyoti Talukdar, advocate for the applicant. Mr. D. P. Adsule, APP for the State. CORAM : RANJIT MORE, J. DATED : 1st DECEMBER, 2011. P.C.: The application is taken out by the revision applicant for restoration of the above revision by condoning delay of 2 years and 27 days. The said revision was dismissed by this Court on 13th July, 2009 as none appeared on behalf of the applicant when the matter was called out for hearing. 2. The presence of respondent no.1 for the purpose of this application is not necessary, inasmuch as, revision was dismissed for non-prosecution even prior to the issuance of notice to respondent no.1. The applicant has given reason in Paras 2, 3, 4 and 5 for her absence on the date when the matter was called out and also for the delay which SSK/ 2 appr.344.11 occurred in filing the present application. I find that the delay is not intentional or deliberate. On the contrary, satisfactory explanation has been given by the applicant. The advocate for the applicant could not remain present, as the advocate appearing for the applicant left India for higher studies. The applicant cannot be punished for the fault of her lawyer. In the facts and circumstances, the application is allowed in terms of prayers (a) and (b) and the criminal revision application is restored to file. 2. Office is directed to place the criminal revision application for admission on 8th December, 2011. (RANJIT MORE, J.)