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Supreme Court - Daily Orders

Rattan Lal Alias Kaku vs State Of J And K on 3 July, 2023

Author: Sanjay Karol

Bench: Sanjay Karol

     ITEM NO.1712                           COURT NO.12                 SECTION II-C


                               S U P R E M E C O U R T O F I N D I A
                                         RECORD OF PROCEEDINGS


     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 23764/2023

     RATTAN LAL ALIAS KAKU & ORS.                                     Petitioner(s)

     VERSUS

     STATE OF J AND K                                                 Respondent(s)

     (FOR ADMISSION and IA No.116601/2023-EXEMPTION FROM FILING O.T. and
     IA No.116602/2023-EXEMPTION FROM SURRENDERING WITHIN TIME )

     Date : 03-07-2023 This petition was called on for hearing today.

     CORAM :              HON'BLE MR. JUSTICE SANJAY KAROL
                             [IN CHAMBER]

     For Petitioner(s)               Mr. M.A. Goni, Sr. Adv.
                                     Mr. Atif Suhrawardry, Adv.
                                     Mr. Syed Mehdi Imam, AOR
                                     Mr. Tabrez Ahmad, Adv.

     For Respondent(s)


                         UPON hearing the counsel the Court made the following
                                               O R D E R

Learned counsel for the petitioners states that during the pendency of the appeal before the High Court, the petitioners were on bail. Their conviction under Section 302 IPC read with Section 149 IPC perhaps warrants interference in view of the erroneous and incomplete reading and appreciation of evidence. The petitioners no. 1 to 3 have suffered incarnation of 9 years and 6 months whereas petitioner no.4 has suffered incarnation of 1 year and 8 months.

In view of the above, application is allowed, exempting the petitioner to surrender in terms of the impugned judgment.

(DR. NAVEEN RAWAL) Signature Not Verified (AMITA PANDEY) Digitally signed by ASTT. REGISTRAR-cum-PS NIRMALA NEGI Date: 2023.07.04 COURT MASTER (NSH) 16:14:57 IST Reason: