ORDER

Appellant was one of the persons convicted by a Criminal Court for offences under Sections 399 and 402 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for seven years for the first count and five years on the second count. He filed an appeal before the High Court. That appeal was disposed of by reducing the sentence on the first count to imprisonment for five years while retaining the sentence on the second count as it is.

2. The main grievance of the appellant is that his Advocate was not heard by the High Court at all. That fact is not disputed and the High Court has also noted that none appeared for the appellant when it was taken up. The two Advocates who were engaged by the appellant were requested by us to convince us, in the light of the stand adopted by the appellant before us, as to why they could not be present. They filed separate affidavits and they came to this Court to explain why they were not present. We are satisfied from the explanation that their absence was not on account of any laches on their part. They said that the appeal was not, to their knowledge, listed for hearing on the particular date. We accept their version.

3. The ap