Supreme Court - Daily Orders
Jagwinder Singh @ Jaggi vs State Of Punjab on 26 February, 2014
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1444 OF 2012
JAGWINDER SINGH @ JAGGI -APPELLANT
VERSUS
STATE OF PUNJAB -RESPONDENTS
O R D E R
Appellant, aggrieved by his conviction under Section 302 of the Indian Penal Code ("IPC" for short) and sentence of imprisonment for life and fine of Rs. 10,000/-, has preferred this appeal by the leave of the Court.
The appellant asserted that he was a juvenile at the time of commission of the offence and he having undergone the maximum sentence provided under law, he be released forthwith by reducing the sentence.
By Order dated 17th September, 2012, this Court had directed the Registrar of this Court to examine the claim of the appellant. The learned Registrar has examined his claim and submitted a detailed report. From that, it is evident that the appellant, at the time of the incident, was a juvenile. Nobody has chosen to contest the said claim. In that view of the matter, we have to proceed on an assumption that the appellant was a juvenile at the time of commission of the offence. He has already undergone the maximum sentence provided under law. Therefore, in our opinion, he cannot be detained in custody any further. Accordingly, we partly allow this appeal and direct that the appellant be set at liberty forthwith, if not required in any other case.
..........................J. (CHANDRAMAULI KR. PRASAD) ..........................J. (PINAKI CHANDRA GHOSE) New Delhi;
February 26, 2014
ITEM NO.106 COURT NO.9 SECTION IIB
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). 1444 OF 2012 JAGWINDER SINGH @ JAGGI Appellant (s) VERSUS STATE OF PUNJAB Respondent(s) (With appln(s) for bail, directions, c/delay in filing appln. for impleadment and impleadment) Date: 26/02/2014 This Appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Appellant(s) Mr. Tripurari Ray, Adv.
Mr. B.S. Billowria, Adv.
Mr. Rajinder Singh, Adv.
Mr. Ashutosh Dubey, Adv.
Mr. Dinesh Kumar Garg,Adv.
For Respondent(s) Mr. V. Madhukar, A.A.G. Mr. Paritosh Anil, Adv.
Ms. Anvita Cowshish, Adv.
Mr. Kuldip Singh,Adv.
UPON hearing counsel the Court made the following O R D E R Delay condoned in filing the application for impleadment. Application for impleadment is allowed.
The appeal is partly allowed in terms of the signed order.
| (S.K. Rakheja) | |(Indu Satija) | |Court Master | |Assistant Registrar | (Signed order is placed on the file)