1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 410 OF 2009 IN CRIMINAL REVISION APPLICATION No.304 OF 1998 Simon D Souza .. Applicant. vs. The State of Maharashtra and Anr.. Respondents. Shri Apoorav Singh for the Applicant. None for the Respondent. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED : 11TH SEPTEMBER,2009 P.C.:- 1. Nobody appears for the respondent. This case was directed to be listed today but it was not on the board when it was called. Nobody appears for the respondent. Although counsel for the applicant submits that he has informed 2 the learned counsel for the respondent. The revision application has been filed by a witness(P.W.8) who was convicted for the offence in Special Case No. 194/1995 under Section 344 of the Code of Criminal Procedure and was sentenced to undergo R.I.,for or a period of 15 days. The applicant was not accused in the main case but was convicted because the Court found that he had made some incorrect statement. This order of conviction was passed on 30-11-98. Thereafter, he filed revision and he was bailed out. He was not arrested and he got the order from this Court that he will not be arrested. He remained absent and Court directed that he should be put in jail to serve the sentence. Now, he has been arrested on 7.9.2009 and he is in custody for the last five days. In these circumstances,we direct that the Superintendent, Arthur Road Jail to release the applicant forthwith on his executing P.B. bond of Rs. 10,000/-. Application for restoration is 3 allowed. Revision Application No.304 of 1998 is restored to file. 2. The Superintendent of the Arthur Road Jail,Mumbai shall act on an authenticated copy of this order. Revision Application to appear on board on 15.9.2009. Criminal Application No. 410/2009 is disposed of. (BILAL NAZKI,J) (A.R.JOSHI,J)