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STATE OF KARNATAKA v. PAVAN KUMAR @ PAVAN

Supreme Court of India | Diary 10034/2025

Status

ROP - of Main Case

Decided On

25-04-2025

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

STATE OF KARNATAKA

Respondent

PAVAN KUMAR @ PAVAN

Primary Holding

Observations recorded in an order under Section 389 CrPC for considering suspension of sentence and bail are tentative and not binding on the High Court at the final hearing of the appeal.

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Full Judgment Text

ITEM NO.2 COURT NO.4 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 10034/2025 [Arising out of impugned final judgment and order dated 21-03-2024 in IA No. 2/2023 in Criminal Appeal Nos.924/2022 and 682/2022 passed by the High Court of Karnataka at Bengaluru] STATE OF KARNATAKA Petitioner(s) VERSUS PAVAN KUMAR @ PAVAN & ORS. Respondent(s) (IA No. 93788/2025 - CONDONATION OF DELAY IN FILING AND IA No. 93790/2025 - CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Date : 25-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s): Mr. V.N. Raghupathy, AOR Mr. Md. Apzal Ansari, Adv. Mr. M. Bangaraswamy, Adv. Mr. Venkata Raghu Mannepalli, Adv. For Respondent(s): UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the petitioner/State. Delay condoned. Though no case is made out for interfering with the order granting suspension of sentence and bail pending the appeal against conviction, we make it clear that the observations made in the impugned order are only tentative observations which are made for the limited purposes of considering the prayer under Section 389 of the Code of 1

Criminal Procedure, 1973. The said observations will not bind the High Court at the time of final hearing of the appeal. Subject to what is observed above, the Special Leave Petition is dismissed. Pending application(s), if any, shall stand disposed of accordingly. (ASHISH KONDLE) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

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