1 Cri.Revn.Appln.No./252/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.252 OF 2011 WITH CRIMINAL APPLICATION NO.4601/2011 Chandu s/o Rajaram Mudewad & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.C. Bhosle, Advocate for the applicants Shri G.R. Ingole, A.P.P. for the respondent ..... CORAM : U.D. SALVI, J. DATED : 22nd November, 2011. PER COURT : 1. Heard. Perused revision application and the annexures thereto. 2. It is revealed that, the appellate Court, without hearing the appellants/ accused, proceeded to uphold their conviction under Section 324 read with Section 34 of the Indian Penal Code and dismissed their appeal. Para 3 of the impugned judgment reveals that, after the appellants/ accused were released on bail, they remained absent and the appellate Court decided the appeal on the basis of the record. 2 Cri.Revn.Appln.No./252/2011 3. As observed earlier in the order dated 14/11/2011, condoning the delay in preferring the revision application, there were reasons for non appearance of the appellants before the appellate Court. Section 385 of the Code of Criminal Procedure, 1973 postulates hearing of the appellant or his pleader for the purposes of disposal of the appeal and, therefore, a fair opportunity needs to be given to the appellants to conduct the appeal before the appellate Court. It is pointed out by the learned Advocates that the charge of the appellate Court - 3rd Adhoc Additional Sessions Judge, Nanded is with the Additional Sessions Judge, Bhokar on account of creation of the separate Court for Bhokar. Hence the order : 4. The judgment and order dated 14.6.2007, dismissing the Criminal Appeal No.23/1997 is set aside and the case is remanded back to the Additional Sessions Judge, Bhokar for disposal according to law. The appellants/ accused shall be produced before the Additional Sessions Judge, Bhokar on 12th December 2011. Criminal Revision Application stands disposed of. The appellants shall be at liberty to move the Additional Sessions Judge, Bhokar for the purposes of bail and their applications, if any, 3 Cri.Revn.Appln.No./252/2011 shall be disposed off by the Additional Sessions Judge, Bhokar in accordance with law. 5. In view of disposal of the Criminal Revision Application, Criminal Application No.4601/2011 for bail stands disposed off. ( U.D. SALVI, J. ) fmp/