Supreme Court - Daily Orders
Eknath Kisan Kumbharkar vs The State Of Maharashtra on 25 April, 2023
Bench: B.R. Gavai, Vikram Nath, Sanjay Karol
ITEM NO.8 COURT NO.8 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 251/2020
(Arising out of impugned final judgment and order dated 06-08-2019
in CC No. 3/2017 passed by the High Court of Judicature at Bombay)
EKNATH KISAN KUMBHARKAR Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
(IA No. 159614/2021 - APPROPRIATE ORDERS/DIRECTIONS)
Date : 25-04-2023 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s) Mr. Senthil Jagadeesan, Adv.
Mr. Apoorv Shukla, AOR
Ms. Pratiksha Basarkar, Adv.
Mr. Puneet Chahar, Adv.
Ms. Prabhleen A Shukla, Adv.
For Respondent(s) Mr. Abhikalp Pratap Singh, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Ms. Shreya Saxena, Adv.
Ms. Yamini Singh, Adv.
Mr. Sourav Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. In view of the order passed by the Coordinate Bench of this Court on 10.11.2022 in SLP(Crl.) Nos. 5928-5929 of 2022 Signature Not Verified Digitally signed by arising out of the reference capital punishment, we issue the Narendra Prasad Date: 2023.05.02 18:00:16 IST Reason: following directions:
1(i) The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight weeks;
(ii) The Superintendent of the Yerwada Central Jail shall submit a report in regard to the nature of work which has been performed by the appellant while in jail and a report in regard to the conduct and behaviour of the appellant while in jail within a period of eight weeks;
(iii) The Head of Sassoon General Hospital, Pune shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The Head of Sassoon General Hospital, Pune shall also constitute a Committee of experts from the Departments of Neurology, Cardiology and Psychiatry to evaluate the medical condition of the appellant. The reports of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Maharashtra within a period of eight weeks; and
(iv) Ms. Neha Kangralkar is permitted to have access to the appellant who is presently lodged in Yerwada Central Jail, Pune to submit her report in regard to the psychological assessment of the appellant.2
2. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Maharashtra, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.
3. All the reports shall be duly compiled and placed before this Court on the next date of hearing.
4. Learned counsel for the parties to assist the Registry in doing pagination of the record.
5. List these matters after eight weeks.
6. As requested, the parties are permitted to inspect the record, in the meantime.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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