KISAN ALIAS KANHYALAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. By consent of parties, the application is heard finally at the stage of admission.

(2.) THE learned Additional Public Prosecutor waives service on behalf of the respondent.

(3.) THE applicant was prosecuted and convicted for the offence punishable under Section 9(b) of the Explosives Act, 1884, for committing breach of Section 5 of the said Act, and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default, to suffer further rigorous imprisonment for three months, by the judgment and order dated 15-1-1998 passed by the Vth Assistant Sessions Judge, Aurangabad, in Sessions Case No.37/1997. Being aggrieved thereby, the Criminal Appeal No.14/1998 preferred by the applicant came to be dismissed by the impugned order, since the applicant so also, his Counsel were not present. In view of the dismissal of the appeal, in default, the applicant has also been taken in custody on 8th October 2006 pursuant to the judgment and order passed by the lower appellate court.