1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.677 OF 2008 IN CRI.APPEAL NO.531 OF 2007. (STATE OF MAHARASHTRA ..Vs. SANJIV SHAMKANT DEO) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri T.A. Mirza, A.P.P. for Appellant. Shri A.S.Chandurkar, Advocate for Respondent. CORAM : R.C.CHAVAN, J. DATED : DECEMBER 02, 2008. 1. Though it is true that notice had been issued to the applicant before the State's application for leave to file appeal was entertained, it does not follow that leave was granted because the applicant was not present. Leave was granted after considering the merits of the matter. Therefore, that order cannot be recalled since it is not necessary that the accused must be heard first before leave to file appeal is granted. 2. The application is, therefore, rejected. JUDGE RR.