(1.) THE instant application is for restoration of the bail application No. 59/08 which was dismissed by this court on 3rd Sept. 2008 on account of non appearance of the learned counsel for petitioners.
(2.) NOTICE was issued. Mr. Rathore, had put an appearance. However, he has chosen not to come present today.
(3.) I have heard learned counsel for the petitioners and gone through the order dated 3.9.2008 vide which the instant petition was dismissed. Record of bail application No. 59/08 is also attached. Perused the same. Learned counsel submits that both the petitioners are nomats and were booked in case FIR No. 70/2008 u/s 366/109 RPC registered at Police Station Mahinder. Petitioners prayed for concession of the bail through bail application No. 59/08 in which notice was issued to the otherside and an interim bail was also granted vide order dated 14.07.2008. Learned counsel then submits that in fact the instant petition was filed at Srinagar Wing after obtaining Special Leave from the Honble Chief Justice.