1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO. 1411 OF 2007 IN CRIMINAL APPEAL NO. 723 OF 2000 Nitin Gajanan Wagh ...Applicant Versus The State of Maharashtra ... Respondent. Dr. V.M. Choudhary for the Applicant Mr. A.A. Mane, Additional Public Prosecutor, for the Respondent. CORAM: B ILAL NAZKI and S.A. BOBDE, JJ. DATE: JANUARY 25, 2008. P.C.:- The appeal was filed by a convict from jail, which was dismissed by this Court by order dated 8th March, 2004. Now, an application for its restoration has been filed. We feel that the order of dismissing the Criminal Appeal should not have been passed because of the absence of the accused-convict, who was, admittedly, in jail. But on last occasion, we expressed our views whether the appeal could be restored in view of the bar contained in Section 360 of the Criminal Procedure Code. 2 2. The learned counsel for the applicant has shown us a judgment of the Supreme Court in Kishan Singh v. State of U.P. [(1996) 9 SCC 372] in similar circumstances where the High Court refused to set aside the order of dismissal; and the Supreme Court held, after setting aside the order of the High Court refusing to set aside the dismissal order, that the High Court should have allowed the prayer of restoration of the appeal under its inherent power. 3. In view of this judgment, the order of dismissal is recalled, and the appeal is restored. The appeal pertains to the year 2000. Therefore, it should be listed for final hearing immediately. BILAL NAZKI, J. S.A. BOBDE, J.