Supreme Court - Daily Orders
Ram Gopal vs The State Of Rajasthan on 30 August, 2017
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 963/2005
RAM GOPAL & ORS. APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
This appeal is filed by three appellants who are convicted for offences under Sections 148, 302/149 and 323/149 of the Indian Penal Code, 1860 (IPC). Because of conviction under Section 302/149 of the IPC life imprisonment was awarded to all three of them. The conviction is upheld by the High Court vide impugned judgment.
The incident took place on 01.10.1995. All these appellants remained in jail throughout except for some period in between when they were either released on bail or on parole. In this manner, all of them have completed almost or may be more than 20 years of imprisonment.
Going by these considerations, insofar as appellant no. 1 Ram Gopal is concerned, he has already been given remission in respect of Signature Not Verified rest of the sentence and released from jail. We may record that Digitally signed by ASHWANI KUMAR Date: 2017.09.04 such a request can be made as per the relevant rules of the State 17:11:51 IST Reason:
of Rajasthan after completion of 14 years of imprisonment. We are 2 also informed that request for remission made by other two appellants namely, Paras Ram and Ram Charan known as permanent payroll and is pending consideration before the competent authority. Going by the aforesaid consideration of the fact that this benefit is already granted to appellant No.1-Ram Gopal, we hope that request made by Paras Ram and Ram Charan shall also be considered sympathetically and appropriate order in respect thereof shall be passed within two months from today. We may record that both the appellants namely, Paras Ram and Ram Charan are presently lodged in Sanganer open Jail and Ram Charan had absconded there from 24.07.2017 and is apprehended again today itself. While considering his request for grant of permanent payroll, this factor should not become the reason for rejection.
The appeal is disposed of accordingly.
In view of the aforesaid developments, however, in case the request for grant of permanent payroll is rejected, it would be open to these two appellants (Paras Ram and Ram Charan) to revive their appeal.
......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI;
AUGUST 30, 2017
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ITEM NO.104 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 963/2005
RAM GOPAL & ORS. Appellant(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
Date : 30-08-2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Kamal Mohan Gupta, AOR For Respondent(s) Mr. S.S. Shamshery, AAG Mr. Amit Sharma, Adv.
Mr. Ankit Raj, Adv.
Ms. Ruchi Kohli, AOR Ms. Pragati Neekhra, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI KUMAR) (MADHU NARULA) COURT MASTER COURT MASTER
(Signed order is placed on the file)