Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal appeal |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Appeal: Criminal appeal - Decided by High Court in absence ofcounsel for accused - Held: Court should not decide criminalcase in the absence of counsel for the accused - Accusedshould not suffer for the fault of his counsel and court mustappoint another counsel as an amicus curiae to defend the accused - It is the duty of appellate court to look into theevidence adduced in the case so as to arrive at the conclusionwhether prosecution case can be said to have been provedbeyond reasonable doubt - Credibility of a witness has to beadjudged by appellate court in drawing inference from proved and admitted facts - In the case on hand, the said recoursehas not been followed by High Court- Impugned order is setaside· and matter remitted to High Court for disposal afresh -- Appellant is in custody for nearly two months as against thesentence of two years - Therefore, he is ordered to be releasedon bail till the disposal of appeal pending before High Court - Bail. |
Judge | N/A |
Neutral Citation | 2013 INSC 511 |
Petitioner | Shridhar Namdeo Lawand |
Respondent | State Of Maharashtra |
SCR | [2013] 7 S.C.R. 1057 |
Judgement Date | 2013-08-05 |
Case Number | 1124 |
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