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(2020) Law Today Live Doc. Id. 15118
(Arising out of SLP (Criminal) No. 3031 of 2020)
(Arising out of SLP (Criminal) Diary No. 7369 of 2020)
Decided on: 08.07.2020
For Petitioner(s):
Mr. Thomas Franklin Caesar, Adv., Mr. S. Gowthaman, AOR and Mr. P. Arun Kumar, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Appeal against conviction -- Dismissed in default – Permissibility of – Appeal against conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in-person or the counsel representing him, is not present – Judgment and order set aside – Matter remanded to be disposed of on merits -- Meanwhile, considering that the appellant has been in jail for a period of almost 11 years, bail granted. K. S. Panduranga’s case (2013) 3 SCC 721 relied.
(Para 3-7)
Cases referred:
1. K. S. Panduranga v. State of Karnataka (2013) 3 SCC 721.
ORDER
1. Delay condoned.
2. Leave granted.
3. Mr. Thomas Franklin Caesar, learned counsel, appears on behalf of the appellant. He has submitted before us that given our judgment in K. S. Panduranga v. State of Karnataka (2013) 3 SCC 721, an appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in-person or the counsel representing him, is not present.
4. Given this judgment, we are inclined to agree with the appellant.
5. Nobody appears on behalf of the State though served.
6. We, therefore, set aside the judgment and order dated 22.04.2014 and remand the matter to be disposed of on merits.
7. Meanwhile, considering that the appellant has been in jail for a period of almost 11 years, we grant bail subject to the satisfaction of the trial Court.
8. The appeal stands disposed of.
Order accordingly.
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