Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37545 of 2016 ======================================================

1. Md. Salam son of Shikh Md. Manzoor resident of Village- Rupan Patti, P.S.- Sakra, Dist- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-09-2016 By making this Criminal Miscellaneous Application, the appellant-applicant has sought for restoration of Criminal Appeal (DB) No. 518 of 2016, which was dismissed for default on 28.06.2016.

Heard Mr. S. Jamil Akhtar, learned Counsel for the appellant-applicant, and Mr. Uday Pratap Singh, learned Additional Public Prosecutor for the State.

Having considered the averments made in the application and having heard the learned counsel for the parties, we are satisfied that the absence of the appellant-applicant and/or his counsel from the Court on 28.06.2016 was for reasons beyond their control.

Patna High Court Cr.Misc. No.37545 of 2016 (2) dt.05-09-2016 2/2 In view of the above and in the interest of justice, the order, dated 28.06.2016 aforementioned, is hereby set aside and Criminal Appeal (DB) No. 518 of 2016 aforementioned is hereby restored to its original file.

This Criminal Miscellaneous Application shall accordingly stand disposed of.

(I.A. Ansari,CJ) (Chakradhari Sharan Singh, J) K.C.jha/- U