Supreme Court - Daily Orders
State Of M.P. vs Balram Singh on 27 January, 2014
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ITEM NO.37 COURT NO.4 SECTION IIA
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).6921/2012
(From the judgement and order dated 27/01/2012 in CRLA No.904/2011, of The
HIGH COURT OF M.P AT GWALIOR)
STATE OF M.P. Petitioner(s)
VERSUS
BALRAM SINGH & ANR Respondent(s)
(With appln(s) for exemption from filing O.T. and office report)
Date: 27/01/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE DR. JUSTICE B.S. CHAUHAN
HON’BLE MR. JUSTICE J. CHELAMESWAR
For Petitioner(s) Ms. Bansuri Swaraj, Adv.
Mr. C.D. Singh,Adv.
For Respondent(s) Mr. Prashant Shukla, Adv.
Mr. Vivek Yadav, Adv.
Mr. Nikilesh Ramachandran,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
The appeal stands disposed of in terms of the signed order.
(Deepak Mansukhani) (M.S. Negi) Court Master Assistant Registrar (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 256 OF 2014 (Arising out of SLP(Crl.) No(s). 6921 of 2012) STATE OF M.P. Appellant(s) VERSUS BALRAM SINGH & ANR Respondent(s) O R D E R Leave granted.
Heard Ms. Bansuri Swaraj, learned standing counsel for the appellant and Mr. Prashant Shukla, learned counsel appearing for the respondents.
After going through the impugned judgment, we are of the view that the High Court has not dealt with the criminal appeal on merit rather it has been persuaded by sympathy and the recommendations made by the Lok Adalat and reduced the punishment of the respondents from two years to nine months.
Therefore, in view of the above, without expressing on merit, we set aside the judgment and order impugned before us dated 27th January, 2012 passed by the High Court of Madhya Pradesh, Gwalior Bench in Criminal Appeal No. 904 of 2011 and remand it to be heard on merits.
Both sides shall be at liberty to raise all legal and factual issues.
With these observations, the appeal stands disposed of.
.....................J. (Dr. B.S. CHAUHAN) .....................J. (J. CHELAMESWAR) NEW DELHI JANUARY 27, 2014.