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SRI NAGARAJA v. THE STATE OF KARNATAKA

Supreme Court of India | Diary 6991/2022

Status

Order

Decided On

2022-11-28

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

SRI NAGARAJA

Respondent

THE STATE OF KARNATAKA

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2022 (@SLP (Crl.) No. 7746 OF 2022)

SRI NAGARAJA ..... APPELLANT (S)

VERSUS

THE STATE OF KARNATAKA & ANR. ..... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are

inclined to exercise our power under Article 142 of the

Constitution of India and read with Section 360 of the Code of

Criminal Procedure, 19731. It is to be noted that the appellant

along with the petition has filed copy of the declaration affidavit

submitted by the legal representatives of the deceased. Joint

application has also been filed.

In view of the aforesaid position, we are inclined to grant

the appellant, benefit of probation under Section 360 of the Code.

The appellant will submit a bond for good behaviour for a period of

two years on terms and conditions to be fixed by the trial court.

On the said bond being filed, the appellant would be treated as

granted the benefit of probation under Section 360 of the Code.

1 Code

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Recording the aforesaid, the appeal is partly allowed and

disposed of.

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

..................J. (SANJIV KHANNA)

..................J. (M.M. SUNDRESH)

NEW DELHI; NOVEMBER 28, 2022.

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ITEM NO.38 COURT NO.8 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF ...

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