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[Cites 1, Cited by 2]

Supreme Court - Daily Orders

Samivel @ Raja vs The State Of Tamil Nadu on 8 December, 2022

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

     SLPR D.26241/2022
                                                  1



     ITEM NO.28                           COURT NO.1                 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.26241/2022

     (Arising out of impugned final judgment and order dated 12-01-2022
     in RTMD No.2/2021 12-01-2022 in CRLAMD No. 534/2021 passed by the
     High Court of Judicature at Madras at Madurai)


     SAMIVEL @ RAJA                                                   Petitioner(s)

                                                 VERSUS

     THE STATE OF TAMIL NADU                                          Respondent(s)

     (With IA No.176319/2022 - APPLICATION FOR PERMISSION, IA No.
     151759/2022 - CONDONATION OF DELAY IN FILING, IA No.151760/2022 -
     CONDONATION   OF   DELAY  IN   REFILING/CURING   THE  DEFECTS,   IA
     No.151761/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.151763/2022 - EXEMPTION FROM FILING O.T.)


     Date : 08-12-2022 These matters were called on for hearing today.

     CORAM :
                                HON'BLE THE CHIEF JUSTICE
                                HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
                                HON'BLE MR. JUSTICE J.B. PARDIWALA


     For Petitioner(s)              Mr. Aditya Sondhi, Sr. Adv.
                                    Ms. Srishti Agnihotri, AOR
                                    Ms. Harini Raghupathy, Adv.
                                    Ms. Aishwarya Saranga, Adv.
                                    Ms. Sanjana Grace Thomas, Adv.

     For Respondent(s)
Signature Not Verified

Digitally signed by
CHETAN KUMAR
Date: 2022.12.08
17:06:59 IST
Reason:
SLPR D.26241/2022
                                                 2


             UPON hearing the counsel the Court made the following
                                 O R D E R
     1     Delay condoned.

     2     Leave granted.

     3     There shall be a stay of the execution of the sentence of death, pending
           further orders.

     4     Following the principles in Manoj v State of Madhya Pradesh 1, we issue

the following directions to the respondent – State:

(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 Trichy 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 Psychiatry Department at Madurai Medical College shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Tamil Nadu within a period of eight weeks; and

(iv) Ms Katherine Deborah Joy, who is associated with Project 39-A of the National Law University, Delhi, shall be permitted to have access to the appellant who is presently lodged in Trichy Central Jail to submit its report in regard to the psychological assessment of the appellant.

1 2022 SCC Online SC 677 SLPR D.26241/2022 3 7 List the appeal after eight weeks.

              (CHETAN KUMAR)                    (SAROJ KUMARI GAUR)
               A.R.-cum-P.S.                    Assistant Registrar