1 ITEM NO.5 COURT NO.2 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 16/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. C. D. Singh,Adv. Mr. Darpan Bhuyan, Adv. For Respondent(s) Mr. Javed Mahmud Rao,Adv. Mr. Shahid Ali Rao, Adv. Mr. Nand Ram, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed order. (Shashi Sareen) (Veena Khera) AR-cum-PS Court Master (Signed order is placed on the file)
2 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1225 OF 2015 (Arising out of SLP(Crl.) No. 4620 of 2013) STATE OF MADHYA PRADESH ... Appellant(s) Versus SAHIB SINGH ... Respondent(s) O R D E R Leave granted. This appeal arises out of an Order dated 06.11.2012 passed by the High Court of Madhya Pradesh at Gwalior whereby Criminal Revision No. 40 of 2007 filed by the respondent has been allowed in part and while affirming his conviction for an offence punishable under Section 326, the High Court has reduced the sentence awarded to the respondent from imprisonment for a period of two years to 107 days already undergone by him. The respondent and four others were tried and convicted for offences punishable under Sections 323 and 326 read with 34 of the Indian Penal Code. The Trial Court sentenced all of them to rigorous imprisonment for
3 a period of two years under Section 326 besides a fine of Rs. 1,000/-. In default of payment of fine, they were directed to undergo further imprisonment of one month. For the offence punishable under Section 323, they were sentenced to undergo rigorous imprisonment for a period of three months besides a fine amount of Rs. 200/- each and in default of payment of fine to undergo further imprisonment for a period of one month on that count. In appeal, the conviction and sentence awarded to the accused persons was modified by the Sessions Judge to the effect that while the conviction of the respondent herein was upheld for the offence punishable under Section 326, the conviction of the remaining accused persons was modified and confined to Section 323 read with Section 34, IPC only. The appellate Court did not however interfere with the sentence awarded to the accused persons for the offence punishable under Section 326, IPC. The respondent then appears to have preferred Criminal Revision No. 48 of 2007 before the High Court of Madhya Pradesh at Gwalior which revision has been partly allowed by the High Court in terms of the impugned order. The High Court has by a brief order reduced the sentence awarded to the respondent to a period of 107 days already undergone by him. The present appeal as
4 noticed earlier questions the correctness of the said order. We have heard learned counsel for the parties at some length. The incident took place as early as in the year 2002. The trial took nearly five years to conclude whereafter the appeal and revisions travelled to the High Court to be finally heard and disposed of in November, 2012. The respondent is reported to a labourer by profession with no criminal antecedents. In the circumstances and keeping in view the nature of the injuries sustained by the victim, we are inclined to modify the sentence awarded to the appellant. We are of the view that interests of justice would be sufficiently served if instead of committing the respondent to jail at this distant point of time and keeping the fine imposed by the Trial Court as affirmed by the High Court could be enhanced to Rs. 30,000/- and the amount so deposited paid towards compensation to the victim of the assault. We accordingly allow this appeal but only in part and to the extent that the the amount of fine imposed by the courts below shall stand enhanced by Rs. 30,000/- which amount shall upon deposit be disbursed to the victim of the assault. In the event of non-payment of the fine by the respondent within a period of three months from today, the respondent shall undergo imprisonment for a
5 further period of six months. The appeal is with the above direction disposed of. .................J. (T.S.THAKUR) ..................J. (KURIAN JOSEPH) New Delhi, Date: 16 th September, 2015.
SEC. IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4620 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NO. 11573 OF 2013 (Application for exemption from filing official translation) STATE OF MADHYA PRADESH ...PETITIONER VERSUS SAHIB SINGH ...RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 27 th October, 2014, when the Hon'ble Court was pleased to pass following order: “Fresh bailable warrants to issue through the Jurisdictionla Chief Judicial Magistrate concerned for service upon him.” Accordingly, fresh Bailable warrant in respect of sole respondent was issued through the Chief Judicial Magistrate on 27 th October, 2014. It is submitted that compliance report of bailable warrant in respect of sole respondent has been received from the First Additional Sessions Judge, Ashok Nagar, Madhya Pradesh which is in vernacular language. The said office report got translated by Official Translator and copy of the same has been included in the paper books. It is further submitted that Mr. Javed M Rao, Advocate has on 26 th August, 2015 filed vakalatnama/appearance on behalf of sole respondent. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED this the 16 th day of September, 2015. ASSISTANT REGISTRAR Copy to: Mr. C. D. Singh, Adv. Mr. Javed M Rao, Advocate ASSISTANT REGISTRAR C2/rc
T4 1 ITEM NO.5 COURT NO.2 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 16/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. C. D. Singh,Adv. Mr. Darpan Bhuyan, Adv. For Respondent(s) Mr. Javed Mahmud Rao,Adv. Mr. Shahid Ali Rao, Adv. Mr. Nand Ram, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed order. (Shashi Sareen) (Veena Khera) AR-cum-PS Court Master (Signed order is placed on the file)Signature Not VerifiedDigitally signed byShashi SareenDate: 2015.09.1905:45:52 ISTReason: 2 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1225 OF 2015 (Arising out of SLP(Crl.) No. 4620 of 2013)STATE OF MADHYA PRADESH ... Appellant(s)
VersusSAHIB SINGH ... Respondent(s) O R D E R Leave granted. This appeal arises out of an Order dated 06.11.2012 passed by the High Court of Madhya Pradesh at Gwalior whereby Criminal Revision No. 40 of 2007 filed by the respondent has been allowed in part and while affirming his conviction for an offence punishable under Section 326, the High Court has reduced the sentence awarded to the respondent from imprisonment for a period of two years to 107 days already undergone by him. The respondent and four others were tried and convicted for offences punishable under Sections 323 and 326 read with 34 of the Indian Penal Code. The Trial Court sentenced all of them to rigorous imprisonment for 3a period of two years under Section 326 besides a fineof Rs. 1,000/-. In default of payment of fine, they weredirected to undergo further imprisonment of one month.For the offence punishable under Section 323, they weresentenced to undergo rigorous imprisonment for a periodof three months besides a fine amount of Rs. 200/- eachand in default of payment of fine to undergo furtherimprisonment for a period of one month on that count.In appeal, the conviction and sentence awarded to theaccused persons was modified by the Sessions Judge tothe effect that while the conviction of the respondentherein was upheld for the offence punishable underSection 326, the conviction of the remaining accusedpersons was modified and confined to Section 323 readwith Section 34, IPC only. The appellate Court did nothowever interfere with the sentence awarded to the
accused persons for the offence punishable under Section326, IPC. The respondent then appears to have preferred CriminalRevision No. 48 of 2007 before the High Court of MadhyaPradesh at Gwalior which revision has been partlyallowed by the High Court in terms of the impugnedorder. The High Court has by a brief order reduced thesentence awarded to the respondent to a period of 107days already undergone by him. The present appeal as 4noticed earlier questions the correctness of the saidorder. We have heard learned counsel for the parties atsome length. The incident took place as early as in theyear 2002. The trial took nearly five years to concludewhereafter the appeal and revisions travelled to theHigh Court to be finally heard and disposed of inNovember, 2012. The respondent is reported to alabourer by profession with no criminal antecedents. Inthe circumstances and keeping in view the nature of theinjuries sustained by the victim, we are inclined tomodify the sentence awarded to the appellant. We are ofthe view that interests of justice would be sufficientlyserved if instead of committing the respondent to jailat this distant point of time and keeping the fineimposed by the Trial Court as affirmed by the High Courtcould be enhanced to Rs. 30,000/- and the amount sodeposited paid towards compensation to the victim of theassault.We accordingly allow this appeal but only in part and tothe extent that the the amount of fine imposed by thecourts below shall stand enhanced by Rs. 30,000/- whichamount shall upon deposit be disbursed to the victim ofthe assault. In the event of non-payment of the fine bythe respondent within a period of three months fromtoday, the respondent shall undergo imprisonment for a
5 further period of six months. The appeal is with the above direction disposed of. .................J. (T.S.THAKUR) ..................J. (KURIAN JOSEPH)New Delhi,Date: 16th September, 2015.
SEC. IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4620 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NO. 11573 OF 2013 (Application for exemption from filing official translation) STATE OF MADHYA PRADESH ...PETITIONER VERSUS SAHIB SINGH ...RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 27 th October, 2014, when the Hon'ble Court was pleased to pass following order: “Fresh bailable warrants to issue through the Jurisdictionla Chief Judicial Magistrate concerned for service upon him.” Accordingly, fresh Bailable warrant in respect of sole respondent was issued through the Chief Judicial Magistrate on 27 th October, 2014. It is submitted that compliance report of bailable warrant in respect of sole respondent has been received from the First Additional Sessions Judge, Ashok Nagar, Madhya Pradesh which is in vernacular language. The said office report got translated by Official Translator and copy of the same has been included in the paper books. It is further submitted that no one has filed vakalatnama/appearance on behalf of sole respondent so far. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED this the 13 th day of August, 2015. ASSISTANT REGISTRAR Copy to: Mr. C. D. Singh, Adv. ASSISTANT REGISTRAR C2/rc
SEC. IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4620 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NO. 11573 OF 2013 (Application for exemption from filing official translation) STATE OF MADHYA PRADESH ...PETITIONER VERSUS SAHIB SINGH ...RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 27 th October, 2014, when the Hon'ble Court was pleased to pass following order: “Fresh bailable warrants to issue through the Jurisdictionla Chief Judicial Magistrate concerned for service upon him.” Accordingly, fresh Bailable warrant in respect of sole respondent was issued through the Chief Judicial Magistrate on 27 th October, 2014. It is submitted that compliance report of bailable warrant in respect of sole respondent has been received from the First Additional Sessions Judge, Ashok Nagar, Madhya Pradesh which is in vernacular language. The said office report got translated by Official Translator and copy of the same has been included in the paper books. It is further submitted that no one has filed vakalatnama/appearance on behalf of sole respondent so far. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED this the 13 th day of August, 2015. ASSISTANT REGISTRAR Copy to: Mr. C. D. Singh, Adv. ASSISTANT REGISTRAR C2/rc
ITEM NO.10 COURT NO.2 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S.THAKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. C. D. Singh,Adv. Mr. B.P.Singh, Adv. Ms. Harshita, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Fresh bailable warrants to issue through the Jurisdictional Chief Judicial Magistrate concerned for service upon him. (Shashi Sareen) Court Master (Veena Khera) Court Master
Ê ITEM NO.10 COURT NO.2 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S.THAKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. C. D. Singh,Adv. Mr. B.P.Singh, Adv. Ms. Harshita, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Fresh bailable warrants to issue through the Jurisdictional Chief Judicial Magistrate concerned for service upon him. (Shashi Sareen) (Veena Khera) Court Master Court MasterSignature Not VerifiedDigitally signed byShashi SareenDate: 2014.10.2711:32:58 ALMTReason:
ITEM NO.40 COURT NO.3 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 29/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Arvind Verma, Sr. Adv. Ms. Deepika Shori, Adv. Mr. C. D. Singh ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Respondent has not appeared despite service. Bailable warrants to issue for his appearance returnable within six weeks. (Shashi Sareen) Court Master (Veena Khera) Court Master
SEC. IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4620 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NO. 11573 OF 2013 (Application for exemption from filing official translation) STATE OF MADHYA PRADESH ...PETITIONER VERSUS SAHIB SINGH ...RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 9 th May, 2013, when the Hon'ble Court was pleased to pass following order: “Delay condoned. Issue notice. ” Accordingly, notice was issued on 6 th June, 2013 to sole respondent by registered AD Post. It is submitted that neither AD Card nor unserved envelop containing the notice from sole respondent was received back, therefore the matter was listed before the Court of Registrar on 4 th March, 2014 when the following order was passed: “Sole respondent is yet to be served. Fresh steps be taken for service on the sole respondent through the District Court besides other postal means. List again on 7.5.2014. ” Accordingly, notice was issued on 19 th March, 2014 through First Additional Sessions Judge, District Guna as well as by registered AD post to the sole respondent. It is further submitted that the service report in respect of sole respondent was received from the District Court stating therein that the notice has been served on the sole respondent but no one has filed Vakalatnama/Appearance on his behalf so far. The matter was again listed on 7 th May, 2014 before the Court of Registrar when the Court was pleased to pass the following order: “ Sole respondent is reported to be duly served through the District Court vide report Contd/(2)
(2) at flag A, but none appeared nor any steps taken on his behalf. No further steps required. Registry to process the matter for listing before the Hon'ble Court as per rules. ” It is further submitted that no one has entered appearance on behalf of sole respondent, so far. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED this the 27 th day of August, 2014. ASSISTANT REGISTRAR Copy to: Mr. C. D. Singh, Adv. ASSISTANT REGISTRAR C2/lp
È ITEM NO.40 COURT NO.3 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). 4620/2013 (Arising out of impugned final judgment and order dated 06/11/2012 in CRLR No. 40/2007 passed by the High Court Of M.p At Gwalior) STATE OF MADHYA PRADESH Petitioner(s) VERSUS SAHIB SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 29/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Arvind Verma, Sr. Adv. Ms. Deepika Shori, Adv. Mr. C. D. Singh ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Respondent has not appeared despite service. Bailable warrants to issue for his appearance returnable within six weeks. (Shashi Sareen) (Veena Khera) Court Master Court MasterSignature Not VerifiedDigitally signed byShashi SareenDate: 2014.08.3007:21:24 ALMTReason:
¾ITEM NO.62 REGISTRAR COURT.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.A. SAYEEDPetition(s) for Special Leave to Appeal (Crl) No(s).4620/2013STATE OF MADHYA PRADESH Petitioner(s) VERSUSSAHIB SINGH Respondent(s)(With appln(s) for exemption from filing O.T.)Date: 07/05/2014 This Petition was called on for hearing today.For Petitioner(s) Mr M.P.Singh, Adv. Mr. C.D. Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Sole respondent is reported to be duly served throughthe District Court vide report at flag A, but none appearednor any steps taken on his behalf. No further steps required. Registry to process thematter for listing before the Hon'ble Court as per rules. (M.A. SAYEED) REGISTRARhj
îITEM NO.46 REGISTRAR COURT.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SANJIV JAINPetition(s) for Special Leave to Appeal (Crl) No(s).4620/2013STATE OF MADHYA PRADESH Petitioner(s) VERSUSSAHIB SINGH Respondent(s)(With appln(s) for exemption from filing O.T.)Date: 04/03/2014 This Petition was called on for hearing today.For Petitioner(s) Mr. M.P. Singh, Adv. Mr. C.D. Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Sole respondent is yet to be served. Fresh steps be taken forservice on the sole respondent through the District Court besides otherpostal means. List again on 7.5.2014.| | | (SANJIV JAIN) || | |REGISTRAR || | | |rd
\236ITEM NO.23 COURT NO.8 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2013 CRLMP.NO(s). 10126/2013(From the judgement and order dated 06/11/2012 in CRLR No.40/2007, of TheHIGH COURT OF M.P AT GWALIOR)STATE OF MADHYA PRADESH Petitioner(s) VERSUSSAHIB SINGH Respondent(s)With CRLMP.NO(s). 10126/2013 (C/delay in filing SLP)Date: 09/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYAFor Petitioner(s) Mr. C.D. Singh,Adv. Ms. Sakshi Kakkar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice.|(Mahabir Singh) | (Veena Khera) || Court Master | Court Master |