1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.589 of 2009 Shri Dhanaji Pandurang Kodalkar & ors. .. Applicants v/s. The State of Mah. .. .. Respondent Mr.K.B. Sorwankar for Applicants. Mr.S.R. Shinde, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 16th December 2009 P.C. : 1.The Applicants have been convicted and sentenced to suffer simple imprisonment for 3 months and to pay a fine of Rs.300/- by the learned Judicial Magistrate, First Class, Malshiras on 3.8.2009. An Appeal came to be filed against the said conviction in the Court of the Additional Sessions Judge, Malshiras. That is the statutory Appeal. That was required to be admitted. The Applicants also applied for suspension of the sentence and for being released on bail. That was a discretionary order. The learned Sessions Judge was free to suspend or not to suspend the sentence passed upon the facts of the case. 2.When the Appeal came before the learned Additional 2 Sessions Judge, Pandharpur, who was on that day in- charge of the case since the learned Additional Sessions Judge, Malshiras was on leave, the Applicants and their Advocates did not appear before him. The learned Magistrate refused the bail. The learned Magistrate also refused to admit the Appeal. The order of refusing the bail cannot be faulted. The order refusing the admission of the Appeal is seen to be incorrect. 3.The Applicants have surrendered since they were not granted the bail. Thereafter this Court has released the accused on bail on 9.10.2009. The Appeal is required to be heard and disposed of on merits. It is a statutory Appeal. Hence the following order:- ORDER The impugned order dated 4.9.2009 passed by the I/C Additional Sessions Judge, Malshiras, is set aside. The Appeal being Appeal No.8 of 2009 is restored to the file of the Additional Sessions Judge, Malshiras. The learned Judge shall consider the Appeal in accordance with law. 4.The Criminal Revision Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)