B. P. SINGH, J. ( 1 ) THIS application for revision is directed against the judgment and order dated 20/1/1992 passed by the Sessions Judge, Ghaziabad, in Criminal Appeal No. 27 of 1991 (Sunil Kumar v. State) under sections 380 and 457, I. P. C. ( 2 ) THE applicant was tried for the offences under sections 380 and 457, I. P. C. in the Court of Additional Chief Judicial Magistrate, Ghaziabad, in Criminal Case No. 2557 of 1990. Learned Additional Chief Judicial Magistrate, Ghaziabad, found the accused guilty and convicted him for the offences under sections 380 and 457, I. P. C. and sentenced him to six months R. I. and to pay a fine of Rs. 500. 00 for the offence under Section 380, I. P. C. and sentenced him to six months R. I. and a fine of Rs. 1,000. 00 for the offence under section 457. The applicant went in appeal and his appeal was dismissed on merits. ( 3 ) ON a perusal of the judgment and order of the learned Sessions Judge, it would appear that on the date on which the appeal was fixed in his court, the appellant did not appear in spite of repeated calls. Consequently, the learned Sessions Judge heard the learned counsel for the State and perused the record of the case. Thereafter, the appeal was dismissed on merits by the learned Sessions Judge. ( 4 ) RELIANCE has been placed by the learned counsel for the applicant upon the case Ram Naresh Yadav v. State of Bihar1, wherein the Supreme Court has laid down that the Criminal Appeal cannot be dismissed on merits in the absence of the appellant or his counsel. The Criminal appeal can only be dismissed on merits after hearing the counselor the appellant and not in any other case. Thus, it is obvious that the judgment and order of the learned Sessions Judge cannot be sustained. ( 5 ) THE application for revision is allowed. The judgment and order of the learned Sessions Judge dated 20/1/1992 are hereby set aside. The case is remanded to the court of the learned Sessions Judge, Ghaziabad, who will dispose of the appeal on merits after affording an opportunity to the appellant to argue his case either himself or with the help of the counsel. The judgment and order of the learned Sessions Judge dated 20/1/1992 are hereby set aside. The case is remanded to the court of the learned Sessions Judge, Ghaziabad, who will dispose of the appeal on merits after affording an opportunity to the appellant to argue his case either himself or with the help of the counsel. ( 6 ) THE applicant Sunil Kumar shall he released on bail provided he furnishes a personal bond and two sureties to the satisfaction of the trial court concerned. Petition allowed. .