Supreme Court - Daily Orders
Pappu Singh Etc. vs The State Of Bihar on 11 December, 2021
Author: Chief Justice
Bench: Chief Justice, Surya Kant, Hima Kohli
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.16081609/2021
(@Petitions for Special Leave to Appeal (Crl.) Nos.71647165/2019)
PAPPU SINGH ETC. Appellant(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
O R D E R
The Court is convened through Video Conferencing. Leave granted.
This Court issued limited notice on 20092019 on the quantum of sentence only.
The present Appeals are filed against the common final Judgment and Order dated 18.12.2018 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No 140 of 2009 and 284 of 2009 by which the said Court has been pleased to dismiss the Appeals preferred by the appellants herein and convicted them under Section 326 read with Section 34 of the Indian Penal Code ("IPC").
When these matters came up for hearing on 682021, finally four weeks’ time was granted to the learned counsel for the State Signature Not Verified to file counter affidavit in the matters. Digitally signed by Vishal Anand Date: 2021.12.11 17:58:04 IST Reason:
As per Office Report, the State has failed to file counter affidavit in the matters so far.
2Having heard learned Senior counsel appearing for the appellants – accused, learned counsel appearing for the State of Bihar and carefully perusing the material available on record, we see no reason to interfere with the impugned Judgment passed by the High Court so far as conviction of the appellants is concerned. However, we find that that Appellant Nos.1 & 2 are reported to have suffered incarceration for more than 3 years & 6 months. Keeping in view all the attending circumstances including social and economic conditions of the appellants, it appears to us just and equitable to reduce the sentence awarded to the appellants to the period already undergone by them. The appellants are, therefore, directed to be released from jail forthwith, subject to such terms and conditions which the concerned Trial Court shall deem fit and appropriate to impose upon them.
Accordingly, the Criminal Appeals are partly allowed in the aforestated terms.
...................CJI (N.V. RAMANA) .....................J (SURYA KANT) ....................J (HIMA KOHLI) NEW DELHI;
11TH DECEMBER, 2021.
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ITEM NO.31 Court 1 (Video Conferencing) SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) Nos.71647165/2019
(Arising out of impugned final judgment and order dated 18122018 in CRLA No. 140/2009 & CRLA No. 284/2009 passed by the High Court of Judicature at Patna) PAPPU SINGH ETC. Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) Date : 11122021 These petitions were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Ms. Anjana Prakash, Sr.Adv. Mr. Kumar Mihir, AOR For Respondent(s) Ms. Prerna Singh, Adv.
Mr. Shantanu Sagar, AOR Mr. Sahil Raveen, Adv.
Mr. Manish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Leave granted.
The appeals are partly allowed, in terms of the signed order. The appellants are directed to be released from jail forthwith, subject to such terms and conditions which the concerned Trial Court shall deem fit and appropriate to impose upon them.
(VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH) (Signed Order is placed on the file)