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SUJATHA L. v. THE STATE OF KARNATAKA

Supreme Court of India | Diary 10208/2024

Status

ROP - of Main Case

Decided On

20-11-2024

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH and HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

SUJATHA L.

Respondent

THE STATE OF KARNATAKA

Primary Holding

In sentencing matters, appellate courts may exercise discretion to modify custodial sentences by substituting incarceration with a nominal period of detention before the Trial Court, particularly where the convict has already suffered civil consequences such as removal from service.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL N O. 4705 /2024 [@ SLP [CRL.] NO. 6042/2024] SUJATHA L. Appellant(s) VERSUS THE STATE OF KARNATAKA Respondent(s) O R D E R Leave granted. Heard the learned counsel appearing for the parties. In this matter, limited notice was issued on the question of sentence alone. We find force in the submission of the learned counsel appearing for the appellant as the appellant is a lady who has also been removed from the post of Conductor in the BMTC, in departmental proceedings. Considering the above submission, we are inclined to modify the sentence to the effect that the appellant shall appear before the Trial Court on 02 nd December, 2024 and undergo her sentence from 10.30 a.m. till the rising of the Court. It is submitted by the learned counsel for

2 the appellant that the fine amount has already been paid. Accordingly, the appeal is allowed in part. ...................J. [M.M. SUNDRESH] ...................J. [ ARAVIND KUMAR ] NEW DELHI; NOVEMBER 20, 2024.

3 ITEM NO.13 COURT NO.11 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 Petition(s) for Special Leave to Appeal (Crl.) No(s). 6042/2024 [Arising out of impugned final judgment and order dated 25-07-2023 in CRP No. 840/2014 passed by the High Court of Karnataka at Bengaluru] SUJATHA L. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) Date : 20-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Mahesh Thakur, AOR Mrs. Vipasha Singh, Adv. Mr. Ranvijay Singh Chandel, Adv. Mrs. Geetanjali Bedi, Adv. Dr. Anthony Raju, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in part in terms of the signed order. Pending application(s), if any, shall stand disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]

ITEM NO.28 COURT NO.11 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 Petition(s) for Special Leave to Appeal (Crl.) No(s). 6042/2024 [Arising out of impugned final judgment and order dated 25-07-2023 in CRP No. 840/2014 passed by the High Court of Karnataka at Bengaluru] SUJATHA L. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) Date : 12-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Mahesh Thakur, AOR Mrs. Vipasha Singh, Adv. Mr. Ranvijay Singh Chandel, Adv. Mrs. Geetanjali Bedi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List the matter next week. In the meantime, the learned counsel appearing for the petitioner is permitted to serve the standing counsel for the State. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.29 COURT NO.14 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). 10208/2024 (Arising out of impugned final judgment and order dated 25-07-2023 in CRP No. 840/2014 passed by the High Court of Karnataka at Bengaluru) SUJATHA L. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) (IA No. 63467/2024 - CONDONATION OF DELAY IN FILING IA No. 63472/2024 - EXEMPTION FROM FILING O.T.) Date : 26-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Mahesh Thakur, AOR Mrs. Vipasha Singh, Adv. Mr. Ranvijay Singh Chandel, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing O.T. is allowed. Delay condoned. Issue notice limited to the question of sentence. Exemption from surrendering is extended until further orders. (SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.1705 COURT NO.6 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. 10208/2024 SUJATHA L. Petitioner(s) VERSUS THE STATE OF KARNATAKA Respondent(s) (IA No.63467/2024-CONDONATION OF DELAY IN FILING and IA No.63472/2024-EXEMPTION FROM FILING O.T. and IA No.63470/2024- EXEMPTION FROM SURRENDERING WITHIN TIME ) Date : 18-03-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA [IN CHAMBER] For Petitioner(s) Mr. Mahesh Thakur, AOR Ms. Anusha R, Adv. Mr. Shivamm Sharrma, Adv. Ms. Mythili Srinivasamurthy, Adv. Mrs. Geetanjali Bedi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R IA No.63470/2024 is allowed. Petitioner is exempted from surrendering till the Special Leave Petition is taken up for consideration by the Court. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

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