1 appw420.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.420 OF 2010 IN CRIMINAL WRIT PETITION NO.2246 OF 2010 Mr.Herold Marian Carvalho. ....Applicant. Vs. State of Maharashtra & ors. ....Respondents Mr.Indrajeet R. Kulkarni, advocate for applicant. Ms.S.V.Gajare, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 26, 2010. P.C. 1. The explanation offered in the application is unacceptable. For the reasons already recorded in order dated 1st October, 2010, by way of indulgence, application is allowed, as the litigant should not suffer for the mistake of the advocate. The application is made absolute in terms of prayer clause 5(a) on condition that the advocate on record shall personally pay costs to the Respondent-State quantified at Rs.5,000/- within one week from today, failing which the earlier order dismissing the Writ Petition for non-prosecution will stand revived. If cost is paid in time and receipt thereof is produced in the Office, Writ Petition be listed for admission on 30th November, 2010. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)