1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2712 OF 2008 Ratnakar Krishna Shetty Petitioners versus State of Maharashtra Respondents A.R.Pande for petitioners. S.R.Borulkar, Public Prosecutor for State. CORAM : A.S.OKA, J. DATE : 12th June 2009 PC : 1. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State. By order dated 20th April 2009 this Court directed the learned APP to produce record of the appeal. A perusal of the record discloses following serious aspects :- (a) there is nothing on record to show that the notice was served to the petitioner before 13th October 2008 informing him that the hearing of the appeal was fixed on 13th October 2008; (b) though the petitioner and his advocate were admittedly not 2 present, in the impugned order it is stated that the advocate for the petitioner appeared and in fact, the submissions purportedly made by the advocate for the petitioner have been recorded in the impugned order; (c) the impugned order was not passed by the authority who heard the appeal. The draft of the impugned order was prepared by somebody else and was placed for approval before the authority who has passed the impugned order. 2. However, it is not necessary to say anything further and to pass any further directions as the learned Public Prosecutor on instructions states that the impugned order dated 25th November 2008 has been withdrawn and the appeal will be heard afresh. 3. In the circumstances, I pass following order :- (a) As the impugned order has been withdrawn, the appeal preferred by the petitioner be treated as revived; (b) The appellate authority will hear the appeal afresh by giving sufficient prior notice of the date fixed to the petitioner; 3 (c) Till the disposal of the appeal, ad-interim order passed by this Court on 18th December 2008 will continue to operate; (d) If the order passed in the appeal is adverse to the petitioner, the said ad-interim order will continue to operate for a period of two weeks from the date on which the order of appellate authority is communicated to the petitioner; (e) All contentions on merits are kept open. (A.S.OKA, J.)