(Per : HONOURABLE MR.JUSTICE A.L.DAVE) This is an application filed by applicant - convict for recalling the order dated 19.02.2009 passed in Criminal Appeal No.1039 of 2003, which was dismissed without expressing any opinion on merits, reserving liberty to the applicant - convict to apply for restoration of appeal, subject to his surrendering to custody or him being restored to custody by police and restoring the appeal to file.
2. Heard learned advocate for the applicant. From what is contended in the application, the application deserves to be accepted and the same is accepted. The order dated 19.02.2003 dismissing the appeal is hereby recalled and Criminal Appeal No.1039 of 2003 is ordered to be restored to its original status and number. The application stands disposed of accordingly. The appeal be listed before the Bench as per roster.
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[A.L.
Dave, J.
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[J.C.
Upadhyay, J.] #MH Dave Top