APPP.355, 356-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 355 OF 2010 AND CRIMINAL APPLICATION No. 356 of 2010 IN CRIMINAL APPLICATION No. 1616 OF 2008 Rajiv B. Peris ...Applicant Vs. State of Maharashtra & Ors. ...Respondents *** Mr. G. A. Lobo, for the Applicant. Mrs. V. R. Bhonsale, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : OCTOBER 21, 2010 P.C. . Heard the learned counsel for the applicant. A conditional order dated 10th February, 2009 was passed by this Court, directing the applicant to serve respondent Nos. 2 and 3 before the returnable date 24th March, 2009 and if the affidavit of service is not filed before the returnable date, the application will stand dismissed. According to the applicant, in fact respondent Nos. 2 and 3 were served before the APPP.355, 356-10 - 2 - returnable date and they have filed their appearance. However, this fact was not brought to the notice of the Court and therefore, the application was dismissed on account of the conditional order. The applicant came to know about the dismissal at the subsequently stage. Hence, the delay caused in filing the application for restoration is condoned, and Criminal Application No. 1616 of 2008 is restored to the file. Both the criminal applications are accordingly allowed. . Leave to amend is granted. [ V. M. KANADE J.]