IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2169 OF 2005 IN CRIMINAL APPEAL NO. 153 OF 1992 The State of Maharashtra ... Applicant V/s Mohandas Bolar & Anr. ... Respondents Shri J.C. Satpute, PP for the State Shri Prakash Naik for respondent No.1 Coram : V.M. Kanade,J. Dated : 12/04/2005. P.C. :- 1 I have heard the learned counsels for applicant and respondent No.1. 2 The learned counsel for the applicant has submitted that he could not remain present in the court when the matter was called out as he was busy in arguing another matter before the Division Bench. He has submitted that therefore order dismissing the appeal for default be set aside and to restore the criminal appeal to the file. The learned counsel for the respondent No.1 has vehemently opposed the submission made by the learned counsel for the applicant. 3 In my view considering the reasons made by the applicant in the application, the order dated 22/03/2005 2 dismissing criminal appeal is set aside and criminal appeal is restored to appeal. 4 Accordingly, criminal application is allowed. Criminal appeal is restored to the file. Criminal appeal be placed on final hearing board in a week commencing from 19/04/2005. ( V.M. Kanade,J.)