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THE STATE OF KARNATAKA BY JAYALAKSHMIPURAM POLICE STATION MYSORE DISTRICT v. VIJAYAKUMAR @ VIJI

Supreme Court of India | Diary 10035/2025

Status

ROP - of Main Case

Decided On

20-05-2025

Bench

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

Petitioner

THE STATE OF KARNATAKA BY JAYALAKSHMIPURAM POLICE STATION MYSORE DISTRICT

Respondent

VIJAYAKUMAR @ VIJI

Primary Holding

Observations made by a High Court while considering suspension of sentence and bail under Section 389 CrPC are tentative and limited in scope, and shall not bind the court at the time of final hearing of the appeal.

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Full Judgment Text

ITEM NO.4 COURT NO.3 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). 10035/2025 [Arising out of impugned final judgment and order dated 18-04-2024 in IA No. 1/2024 in Criminal Appeal No.682/2022 passed by the High Court of Karnataka at Bengaluru] THE STATE OF KARNATAKA BY JAYALAKSHMIPURAM POLICE STATION, MYSORE DISTRICT Petitioner(s) VERSUS VIJAYAKUMAR @ VIJI & ORS. Respondent(s) (IA No. 124658/2025 - CONDONATION OF DELAY IN FILING AND IA No. 124662/2025 - CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Date : 20-05-2025 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. M. Bangaraswamy, Adv. Mr. Venkata Raghu Mannepalli, Adv. Mr. Md. Apzal Ansari, Adv. Mr. Shiv Kumar, Adv. Ms. Vaishnavi, Adv. Mr. S. Shashank Reddy, Adv. Ms. S. Spandana Reddy, 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 1

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 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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