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NARAYAN MANDAL v. THE STATE OF BIHAR

Supreme Court of India | Diary 10025/2020

Status

ROP - of Main Case

Decided On

09-04-2021

Bench

HON'BLE MR. JUSTICE ANIRUDDHA BOSE

Petitioner

NARAYAN MANDAL

Respondent

THE STATE OF BIHAR

Primary Holding

A dismissal order passed on an erroneous perception that a convict is at large is liable to be recalled, and the petition restored, where the petitioner's actual incarceration since before the dismissal order is confirmed by the State.

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Full Judgment Text

1 ITEM NO.24 Court 15 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1445/2020 in SLP(Crl) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 09-04-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBERS] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R Delay in filing proof of surrender is condoned. The present petition was dismissed on 10.2.2014 as the petitioner had not filed proof of surrender in pursuance of the Order of this Court passed on 20.9.2013. This petition, registered as M. A.No.1445 of 2020 seeks recall of the order of dismissal. The petitioner’s case is that he has remained incarcerated from 18.11.2013 but this fact could not be brought to the notice of this Court when the order of dismissal was passed.

2 Mr. Sameer Ali Khan, learned counsel appearing on behalf of the State of Bihar confirms that the accused has been in custody since 18.11.2013. Under these circumstances, the order dated 10.2.2014 is recalled. Let the special leave petition be restored to its original file and number. The Registry to list the matter in usual course. The Miscellaneous Application is, accordingly, disposed of. (RASHMI DHYANI) (BEENA JOLLY) COURT MASTER COURT MASTER

ITEM NO.14 Court 16 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1445/2020 in SLP(Crl) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 05-04-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBER] For Petitioner(s) Mr. Mansoor Ali, Adv. Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR (Not present) UPON hearing the counsel the Court made the following O R D E R No one appears on behalf of the State of Bihar. Let notice be issued upon the Standing Counsel for the State of Bihar. Matter shall be listed on Friday i.e. 9 th April, 2021. (SONIA BHASIN) (ANITA RANI AHUJA) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.21 Court 14 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 45537/2020,45541/2020,45544/2020, in Miscellaneous Application No. 1445/2020 in SLP(Crl) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 22-03-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBER] For Petitioner(s) Mr. Prabhash Kumar Yadav, Adv. Mr. Masoor Ali, Adv. Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R No one appears for the State of Bihar. Let the matter be listed on 5 th April, 2021. (JATINDER KAUR) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

ITEM NO.31 Court 15 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1445/2020 in SLP(Crl) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS STATE OF BIHAR Respondent(s) (IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 12-03-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR(NP) For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R When the matter was called out, none appeared on behalf of petitioner. The matter is adjourned for a week. (INDU MARWAH) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.23 Court 17 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1445/2020 in SLP(Crl) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 08-03-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R List the matter on Friday i.e. on 12.3.2021. (JATINDER KAUR) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

ITEM NO.6 Court 14 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1445/2020 in SLP(Crl) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 19-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR (Not Present) For Respondent(s) Mr. Samir Ali Khan, AOR (Not Present) UPON hearing the counsel the Court made the following O R D E R None appears even on the second call. List after two weeks. (RASHI GUPTA) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

ITEM NO.21 Court 15 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1445/2020 in SLP(Crl) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 01-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBERS] For Petitioner(s) - None present. For Respondent(s) - None present. UPON hearing the counsel the Court made the following O R D E R No one is connected. Adjourn the matter for two weeks. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER(SH) COURT MASTER(NSH)

REVISED ITEM NO.12 Court 10 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No(s). 1445/2020 in SLP (Crl.) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 04-12-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R List the matter after four weeks. (JAGDISH KUMAR) (RENU KAPOOR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.12 Court 10 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No(s). 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 04-12-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R List the matter after four weeks. (JAGDISH KUMAR) (RENU KAPOOR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

REVISED ITEM NO.12 Court 15 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1445/2020 in SLP(CRL.) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 16-11-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBERS] For Petitioner(s) Mr. P.K. Yadav, Adv. Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR (NP) UPON hearing the counsel the Court made the following O R D E R On 05.10.2020, this Court directed that notice should be served on the standing counsel for the State of Bihar. It is stated by the learned counsel for the petitioner that he has served the copy of the petition on the standing counsel for the State of Bihar. But the standing counsel is not connected through video conferencing today. Therefore, the matter is adjourned for two weeks. (RACHNA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.12 Court 15 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1445/2020 in SLP(C) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 16-11-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN [IN CHAMBERS] For Petitioner(s) Mr. P.K. Yadav, Adv. Mr. Bankey Bihari Sharma, AOR For Respondent(s) Mr. Samir Ali Khan, AOR (NP) UPON hearing the counsel the Court made the following O R D E R On 05.10.2020, this Court directed that notice should be served on the standing counsel for the State of Bihar. It is stated by the learned counsel for the petitioner that he has served the copy of the petition on the standing counsel for the State of Bihar. But the standing counsel is not connected through video conferencing today. Therefore, the matter is adjourned for two weeks. (RACHNA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.9 Court 9 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1445 of 2020 in Special Leave Petition (Crl.) No. 1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (APPLICATION FOR SEEKING RECALL OF THE ORDER DATED 10.02.2014 AND RESTORATION OF THE SLP. IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 05-10-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY [IN CHAMBER] For Petitioner(s) Mr. Mansoor Ali, Adv. Mr. Bankey Bihari Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. Mansoor Ali, the learned counsel submits that the Crl. M.P. No.19184/2013 was an application for exemption from surrendering that was taken up on 10.02.2014 but unfortunately petitioner’s counsel was absent on that date. The Court then referred to the Office Report dated 22.01.2014 and observed that the petitioner has not filed proof of surrender in pursuant to the earlier order dated 20.09.2013 and accordingly the Special Leave petition itself was dismissed. ...2/-

- 2 - The learned counsel refers to the Custody Certificate of the Superintendent of the Central Jail, Purnea (Annexure-`P1’) which indicates that the petitioner ( Narayan Mandal) is incarcerated in Jail since 18.11.2013. It is, therefore, pointed out that the order passed by this Court on 10.02.2014 and 20.09.2013 was the result of an erroneous perception that the convict is at large. In view of the above projection, since the dismissal order was passed in the year 2014, notice be issued to the Standing Counsel for the State of Bihar. Matter be posted after three weeks. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.13 Court 8 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1445/2020 in SLP(Crl.) No.1586/2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (APPLICATION FOR SEEKING RECALL OF THE ORDER DATED 10.02.2014 AND RESTORATION OF THE SLP. IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 07-09-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI [IN CHAMBERS] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner to supply the copy of the application on the Standing Counsel for the State of Bihar. The same shall be done within a period of two weeks from today. (RACHNA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.12 Court 7 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No(s). 1445/2020 IN PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 1586 OF 2014 NARAYAN MANDAL Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (APPLICATION FOR SEEKING RECALL OF THE ORDER DATED 10.02.2014 AND RESTORATION OF THE SLP. IA No. 45541/2020 - CONDONATION OF DELAY IN FILING PROOF OF SURRENDER IA No. 45544/2020 - EXEMPTION FROM FILING O.T. IA No. 45537/2020 - RECALLING THE COURTS ORDER) Date : 27-08-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY [IN CHAMBER] For Petitioner(s) Mr. Bankey Bihari Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner’s application for exemption from surrendering, was rejected by this Court on 20.9.2013. Thereafter on 10.02.2014, this Court noted that the petitioner had failed to file proof of surrender and accordingly, the Special Leave Petition itself was dismissed by the Court. However, Mr. Bankey Bihari Sharma, the learned Advocate on Record submits that he is unwell and prays for adjournment. While the M.A. may have spent its force, in view of the submission made by the learned Advocate, the matter be listed next week. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)

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