1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2591 OF 2009 Fakirnath Maruti Ohal ..Applicant versus The State of Maharashtra & Anr. ..Respondents Mr. M. K. Kocharekar for Applicant. Mrs. R. V. Newton – APP for State. Mr. K. H. Holambe-Patil for Respondent No. 2. CORAM : S. A. BOBDE, J. DATED : 4TH AUGUST, 2009. P.C. : 1. By this Application, the Applicant has prayed for quashing and setting aside the Order dated 6th August 2008 and the Order dated 29th April, 2009 passed by the Sessions Judge, Mumbai, with a direction to restore Criminal Appeal No. 632 of 2007. 2. There is no dispute that by an Order of the Appellate Court dated 6th August, 2008 the learned Sessions Judge dismissed the Appeal in view of the absence of the counsel for the accused. The learned counsel for the Applicant points out that it is settled law vide a Bani Singh vs. State of 2 Uttar Pradesh [1996 (4) SCC 720] that an Appellate Court is bound to dispose off the Appeal on merits and an Appeal after admission cannot be dismissed for non prosecution or for non appearance of the appellant or his counsel. 3. In this view of the matter, the impugned order is set aside. The matter is remanded back to the learned Sessions Judge for hearing in accordance with law. During the pendency of the Appeal, the Appellant shall be on bail as before vide an Order dated 23rd November 2007 in Bail Application No. 1996 of 2007 in Criminal Application No. 632 of 2007. Application is disposed of (S. A. BOBDE, J.)