1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.980 OF 2010 IN CRIMINAL REVISION APPLICATION NO.73 OF 2010 Subhash S/o.Pandurang Maheshwari APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.K.C.Sant, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 PER COURT : 1. Heard learned counsel for applicant. Issue notice to respondent. Learned APP accepts notice for respondent/ original complainant. 2. During the course of submissions, my attention is drawn towards the order impugned in the Criminal Revision No.73/2010 i.e. the order passed by the Learned Second Additional Sessions Judge, Nanded in Criminal Appeal No.21/2005, which was dismissed in default of the accused vide judgment and order dated 27/11/2009. The law is settled on the point that the appeal against conviction can 2 not be dismissed for default, but if the parties or counsel for parties not appeared on the date adjourned for hearing of the appeal, the appeal to be decided on merit and not to be dismissed for default. It is brought to the notice of this Court that during the pendancy of trial before the Trial Court, i.e. J.M.F.C. Kinwat in RCC No.201/1995 which came to be decided on 05/07/2005, the applicant was on bail and also on bail during the pendancy of appeal which came to be dismissed on 27/11/2009. Even though the appeal was dismissed for default, no order was passed in respect of bail bonds of the applicant. In view of this, in the event of arrest of applicant, applicant be released on bail on the same terms and conditions on which he was released by the trial court, but on furnishing fresh surety and on executing fresh PR bond in the like amount. The bail bond to be completed before the Trial Court. In the premise, this application is allowed in terms of prayer clause A, and the applicant be released on bail during the pendancy of this revision. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.980-10