1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1237 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 3172 OF 2018] OMPRAKASH @ MANTA Appellant(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellant is aggrieved since the High Court declined to suspend the sentence during the pendency of the criminal appeal pending before the High Court. It is not in dispute that the sentence has been suspended in the case of Accused Nos. 2, 3 and 4, who have been convicted and sentenced along with the appellant herein. 3. Having heard the learned counsel appearing for the appellant and the learned counsel appearing for the State and having gone through the available pleadings before us, we are of the view that the sentence needs to be suspended in the case of the appellant herein also on the ground of parity.
2 4. Accordingly, this appeal is disposed of as follows :- (i) The appellant shall be released on bail subject to depositing the entire fine amount and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Katni. (ii) The appellant shall also appear before the Registry of the High Court on the last working day of every month. .......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] .......................J. [ NAVIN SINHA ] New Delhi; October 01, 2018.
3 ITEM NO.33 COURT NO.3 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 Petition for Special Leave to Appeal (C) No. 3172 of 2018 OMPRAKASH @ MANTA Appellant(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.43657/2018-CONDONATION OF DELAY IN FILING and IA No.43658/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.43659/2018-EXEMPTION FROM FILING O.T.) Date : 01-10-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. Vikas Upadhyay, AOR Mr. Ashwin Kumar Nair, Adv. For Respondent(s) Mr. Naveen Sharma, Adv. Mr. Arjun Garg, AOR 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 non- reportable Judgment. Pending interlocutory application(s), if any, is/are disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed non-reportable Judgment is placed on the file)
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1237 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 3172 OF 2018] OMPRAKASH @ MANTA Appellant(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellant is aggrieved since the High Court declined to suspend the sentence during the pendency of the criminal appeal pending before the High Court. It is not in dispute that the sentence has been suspended in the case of Accused Nos. 2, 3 and 4, who have been convicted and sentenced along with the appellant herein. 3. Having heard the learned counsel appearing for the appellant and the learned counsel appearing for the State and having gone through the available pleadings before us, we are of the view that the sentence needs to be suspended in the case of the appellant herein also on the ground of parity.
2 4. Accordingly, this appeal is disposed of as follows :- (i) The appellant shall be released on bail subject to depositing the entire fine amount and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Katni. (ii) The appellant shall also appear before the Registry of the High Court on the last working day of every month. .......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] .......................J. [ NAVIN SINHA ] New Delhi; October 01, 2018.
ITEM NO.811 COURT NO.1 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 Petition(s) for Special Leave to Appeal (Crl.) No.3172/2018 (Arising out of impugned final judgment and order dated 10-11-2017 in CRA No. 1183/2016 passed by the High Court Of M.P. Principal Seat At Jabalpur) OMPRAKASH @ MANTA Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) Date : 11-09-2018 This petition was MENTIONED today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Vikas Upadhyay, AOR For Respondent(s) Mr. Arjun Garg, AOR UPON hearing the counsel the Court made the following O R D E R On mentioning, the matter is taken on Board. List the matter next week before the appropriate Bench as per the roster. (Chetan Kumar) (H.S. Parasher) A.R.-cum-P.S. Assistant Registrar
ITEM NO.47 REGISTRAR COURT. 1 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 BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 3172/2018 OMPRAKASH @ MANTA Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.43657/2018-CONDONATION OF DELAY IN FILING and IA No.43658/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.43659/2018-EXEMPTION FROM FILING O.T. ) Date : 17-07-2018 This petition was called on for hearing today. For Petitioner(s) Mr. Vidit Monga, Adv. Mr. Ashwin Kumar Nair, Adv. Mr. Vikas Upadhyay, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on the sole respondent. The Ld. Advocate, Mr. Aakash Nandolia, appearing on behalf of Mr.Arjun Garg, Advocate-on-record appears for the sole respondent. He seeks time to file vakalatnama. Be filed within four weeks. Thereafter, Registry to process the matter for listing before the Hon'ble Court, as per rules, being criminal matter. KAPIL MEHTA Registrar 17.7.2018 rd
ITEM NO.58 REGISTRAR COURT. 1 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 BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 3172/2018 OMPRAKASH @ MANTA Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.43657/2018-CONDONATION OF DELAY IN FILING and IA No.43658/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.43659/2018-EXEMPTION FROM FILING O.T. ) Date : 03-07-2018 This petition was called on for hearing today. For Petitioner(s) Mr Vidit Monga, Adv. Mr. Vikas Upadhyay, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R None appeared on behalf of the sole respondent-State of Madhya Pradesh. On the last occasion, memo of appearance was filed on behalf of the State and reply has also been filed but no vakalatnama has been filed by the respondent-State. Notices were issued to the respondent by registered A.D. as well as dasti service was also effected. Ld. Counsel for the petitioner submitted that they have filed affidavit of dasti service but there is no mention in the office report, therefore, registry to verify and submit report on the next date regarding service through registered A.D. and also regarding affidavit of dasti service. List again on 10.7.2018. KAPIL MEHTA Registrar 03.07.2018 hj
ITEM NO.30 COURT NO.5 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10243/2018 (Arising out of impugned final judgment and order dated 10-11-2017 in CRA No. 1183/2016 passed by the High Court Of M.P. Principal Seat At Jabalpur) OMPRAKASH @ MANTA Petitioner(s) VERSUS STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.43657/2018-CONDONATION OF DELAY IN FILING and IA No.43658/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.43659/2018-EXEMPTION FROM FILING O.T.) Date : 06-04-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Vikas Upadhyay, AOR Mr. Vidit Monga,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Dasti service, in addition, is permitted. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR