Supreme Court - Daily Orders
Shiv Kumar @ Bhola vs State Of U.P on 29 September, 2021
Bench: Sanjay Kishan Kaul, M.M. Sundresh
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1119 OF 2021
(Arising out of SLP(Crl.) No. 6238/2021
SHIV KUMAR @ BHOLA .. APPELLANT(S)
VERSUS
STATE OF U.P .. RESPONDENT(S)
O R D E R
Leave granted.
A perusal of the impugned order shows that the counsel for the appellant before us had not responded to the video link and it is his case that he could not connect due to connectivity problem. The decision has been rendered on merits when practically the accused has gone unrepresented and has lost a forum.
In view of the aforesaid we consider it appropriate to set aside the impugned order dated 05.07.2021 and remit the matter back for reconsideration to the High Court of Allahabad.
The appeal is allowed accordingly, leaving the parties to bear their own costs.
....................J. [SANJAY KISHAN KAUL] Signature Not Verified ...................J. Digitally signed by Charanjeet kaur Date: 2021.09.30 [M.M. SUNDRESH] 16:44:33 IST Reason:
NEW DELHI, SEPTEMBER 29, 2021.
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ITEM NO.14 Court 6 (Video Conferencing) SECTION II
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). 6238/2021
(Arising out of impugned final judgment and order dated 05-07-2021 in CRMBA No. 40726/2020 passed by the High Court Of Judicature At Allahabad) SHIV KUMAR @ BHOLA Petitioner(s) VERSUS STATE OF U.P Respondent(s) (FOR ADMISSION and I.R. and IA No.102730/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.102731/2021-EXEMPTION FROM FILING O.T. and IA No.102729/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 29-09-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Abhijit Banerjee, AOR For Respondent(s) Mr.Shashank Shekhar Singh, AOR Mr. Vikas Bansal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order, leaving the parties to bear their own costs.
Pending applications stand disposed of. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ]