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BASHA v. STATE OF KARNATAKA

Supreme Court of India | Diary 10822/2024

Status

Order

Decided On

2024-12-04

Bench

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

Petitioner

BASHA

Respondent

STATE OF KARNATAKA

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5132 OF 2024 (@ SLP(CRL.) No. 6184/2024)

BASHA APPELLANT(S)

VERSUS

STATE OF KARNATAKA & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. A limited notice was issued only with respect to quantum of

sentence.

3. By concurrent judgments, the appellant has been convicted for

the offences punishable under Sections 324 and 325 of the

Indian Penal Code, 1860 (in short, ‘the IPC’). Incidentally, a

sentence of six months has been imposed on the appellant by

the High Court. The occurrence is stated to have taken place

way back in the year 2007.

4. In the absence of any specific over act of using a weapon,

attributed against the appellant, we are inclined to modify

the sentence to the effect that the appellant shall appear

before the Trial Court on 19.12.2024 and, thereafter, he shall

undergo the sentence till the rising of the Court for a single

day.

2

5. Accordingly, the appeal is allowed in part. We make it clear

if the appellant does not appear on the day as fixed, the

impugned order will stand revived.

6. Pending application(s), if any, shall stand disposed of.

……………………………………………………J. [M.M. SUNDRESH]

……………………………………………………J. [ARAVIND KUMAR]

NEW DELHI; 4t...

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