1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL REVISION APPLICATION NO.385 OF 2009 Rajendra Laxman Shendge ...Applicant vs. The State of Maharashtra ...Respondent Mr.Dilip Bodake for the applicant Ms S.V.Gajare A.P.P for State CORAM :A.S.OKA,J. DATE : JULY 8, 2009 P.C. 1 Rule. Learned A.P.P waives service. The applicant- accused was convicted by the learned Magistrate for an offence punishable under section 354 of the Indian Penal Code. He preferred an appeal against conviction. By the impugned order, the said appeal has been dismissed by the learned Sessions Judge. The Appeal was heard in absence of the applicant and his Advocate. The learned Sessions Judge has observed that she considered the merits of the appeal. 2 My attention has been invited to the averments made in the revision application and in particular paragraph 9 thereof. The revision applicant has stated the reasons why his Advocate could not remain present on the date fixed for hearing of the Appeal. Considering the fact that the applicant has been convicted by the learned trial Judge and considering the nature of offence alleged against the applicant, an opportunity deserves to 2 be granted to the applicant to prosecute his appeal afresh as his Advocate was absent when the Appeal was heard. 3 Hence, I pass the following order : i) Impugned Judgment and order dated 18 th May 2009 is quashed and set aside and Criminal Appeal No.22 of 2005 is restored to the file. ii)Revision applicant is directed to appear before the learned Sessions Judge on 10 th August 2009 at 11.00 a.m. It is made clear that no further notice of the date fixed shall be served to the revision applicant. iii)The appeal shall be decided afresh as expeditiously as possible. iv)Interim order passed in favour of the revision applicant pending the said appeal will continue to operate till the disposal of the appeal. v) Revision application is disposed of in above terms. vi)Criminal application no.341 of 2009 does not survive and the same is disposed of. JUDGE