V.S. DAVE, J.—This Larger Bench has been constituted by the orders of the Chief Justice, dated July 3, 1986 to answer a question referred to Larger Bench by our brother Honble G.K. Sharma J. vide his order of reference dated may 28, 1986 wherin he has framed the following question :

"Whether the judgment given in absence of the appellant or his counsel but the case decided on merits, can be re-called by the court in its inherent powers under S. 482 Cr.P.C. "

2. The petitioner, Habu, had filed a revision petition in this court in the year 1978 challenging his conviction and sentence. This revision petition was admitted on October 25, 1978 and was ordered to be heard in due course on may 26, 1979. Thereafter it came up for hearing on January 11, 1985 before Honble Sharma J. The accused petitioner who was on bail neither appeared in person nor his counsel was persent and Honble Sharma J. after hearing the learned Public Prosecutor dismissed the revision-petition on merits. The petitioner thereafter moved an application on March 14, 1986 under S. 482 Cr.P.C. wherein it was prayed by him that he had engaged a lawyer Shri Manak Chand Jain who did not inform him of the date of hearing and a

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