1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 114 OF 2009 Mr. Mahendra V. Lad .. Applicant Vs. Mr. Vinod K. Kamble and another .. Respondents Shri Ganesh Bhujbal i/b Shri Prakash Naik, for the Applicant Shri S. V. Gajre, APP for the Respondent-State CORAM :SMT. MRIDULA BHATKAR, J. DATE : 1st September, 2009. P. C. 1. None for the Respondent No.1 present before this Court. 2. This revision is filed against the order of dismissal of the appeal which was filed by the applicant-original appellant-caused against the order of conviction. The appeal was dismissed for want of prosecution. 3. In view of the order passed by this Court on 8th July, 2009, this revision is disposed of finally at the stage of admission. The applicant has filed affidavit service of fresh notice as mentioned in the said order of this Court . 4. The appellant has annexed the Roznama of the Sessions Court disclosing appearances of the parties and the orders passed by the Sessions Court on those respective dates. It shows that on 9th January, 2008, the matter appeared on board and it was adjourned to 5th February, 2008. However, the Roznama discloses that on 5th February, 2008 the matter did 2 not appear on board and thereafter it appeared on 17th April, 2008. The matter appeared regularly thereafter till 25.11.2008. On all these dates, the applicant accused remained absent. On 25.11.2008, the learned Judge adjourned the matter to 29.11.2008 for orders. On 29.11.2008 the appellant remained absent and the appeal was dismissed for want of prosecution. 5. No doubt, it was the duty of the appellant to keep track of the matter and to remain present on the respective dates. The reason of non appearance of matter once cannot be considered as a reason for the absence of the appellant to attend the appeal. However, in view of the direction given in Bhanising and others Vs. State of U.P., reported in 1996 (4) SCC 848, it was necessary for the learned Judge to go into the merits of the case and reasoned order to that effect should have been passed. On this ground, the revision application is allowed. Order of dismissal of appeal passed by the learned Sessions Judge dated 29..11.2005 is set aside. Matter is remanded to the Sessions Court. (MRIDULA BHATKAR, J.)