1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 1591 OF 2009 WITH CRI.APPLICATION NO. 1592 OF 2009 Kaluram Dnyaneshwar Arekar .. Applicant Vs State of Maharashtra .. Respondent Ms.P.Kakade, Advocate for the Applicant. Mr. K.V.Saste, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 19/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. On 2.5.2009, the following order was passed. “Ms Kakade, learned counsel for the applicant, submits that the applicant in both these matters is prepared to deposit the entire arrears of loan amount on or before 12th June, 2009. Her statement is accepted. It is made clear that if the amount is not deposited, as aforestated, both these applications will be rejected on the next date of hearing. Stand over to 12.6.2009.” It appears that in the vacation, the applicant sought leave to withdraw the applications with liberty to approach the T 2 Sessions Court for anticipatory bail. The application was accordingly allowed on 2.6.2009. However, on 3.6.2009 the said order was recalled in view of the order dated 2.5.2009 and the applications were directed to be placed before the regular court. In the order dated 3.6.2009, the learned Judge (S.J.Kathawalla,J.) made the following observations;- “For the sake of record, I may also mention that the learned Associate Mr Kolhapure had in the evening of yesterday,i.e. 2nd June,2009, telephoned Advocate Mr Subhash P Hulhalikar and had informed him that he and/or Ms Kakade should appear before this court today in the above matters, since both the applications are kept for directions. However, they have chosen to remain absent before this court.” Today, Ms Kakade, learned counsel for the applicant, submits that the applicant has not deposited the loan amount, as observed in the order dated 2.5.2009 and that she has no instructions in the matters. In the circumstances, these applications are dismissed for nonprosecution. (D. B. Bhosale, J.) 3