1 APPP 608/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 608 OF 2010 IN CRIMINAL APPLICATION NO.4636 OF 2009 Rajendra Dattatraya Kshirsagar .... Applicant Vs. The State of Maharashtra .... Respondent Mr. Nitin Jadhav, Advocate for applicant. Mrs. M.M. Deshmukh, APP for State. Coram : SMT.R.P. SONDURBALDOTA, J. Date : 2nd December, 2010 P.C. 1. This application is filed for restoration of Criminal Application No. 4636 of 2009 which was dismissed for non prosecution on 7th November 2009. The application has been filed after one year i.e. on 15th November 2010. 2. Perusal of the application shows that the applicant was not prevented by any circumstances from appearing in the Court. It was his conscious decision not to appear before the Court. It is stated in the application that the learned Advocate appearing for the applicant had instructions from the Advocate in the trial Court that he should not proceed with the application until further instructions from the client i.e. the applicant. Thus the applicant as well as his Advocate were well 2 APPP 608/2010 aware that the application was adjourned for hearing to 7th November 2009 but they did not deliberately attend to the matter. 3. The application further states that immediate steps for restoration could not be taken because the learned Advocate carried an impression that the matter was adjourned and would come before the Court in due course. The least that could be done by the learned advocate was to find out as to what had happened to the matter, instead of carrying some impressions about what had happened to the matter. This conduct exhibits total negligence. 4. In the circumstances, there is no case made out either for condonation of delay or for restoration of the application. Hence, the application is dismissed. (Smt. R.P. SondurBaldota, J)