[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1743 OF 2007 Daulat Ramrao Phadtare ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.V.Y.Jadhav advocate for petitioner Mr.A.S.Shitole A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 12, 2008 DATE : DECEMBER 12, 2008 DATE : DECEMBER 12, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. None appears for the respondent no.2-original complainant though served. 2. By judgment and order dated 15.2.1996 in SCC No.300 of 1992, the learned Judicial Magistrate F.C. Medha (on Deputation to Koregaon) convicted the petitioner under Sections 279 and 338 of IPC. Being aggrieved thereby, Criminal Appeal No.25 of 1996 came to be preferred by the petitioner. On 16.3.2001, by order dated 16.3.2.001, the learned [-2-] Sessions Judge dismissed the appeal as the petitioner and his advocate were absent. As the appeal came to be dismissed, warrant came to be issued against the petitioner-accused for execution of sentence. Being aggrieved by both these orders, this petition has been preferred. 3. It is seen that on 16.3.2001, the appellant and his advocate were absent and hence, the appeal came to be dismissed by Sessions Court at Satara. In my view, one more opportunity ought to have been given to the petitioner. Hence, in the interest of justice, order dated 16.3.2001 is set aside. Appeal is restored to file. Order issuing warrant against the petitioner is quashed. So also the warrant issued against the petitioner is quashed. Petitioner to appear before the Sessions Court at Satara on 19.1.2009. 4. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]