SUPREME COURT OF INDIA

Before:- S. Saghir Ahmad and R.P. Sethi, JJ.

Criminal Appeal No.290 of 2000 (Arising out of SLP (Crl.) No.551 of 2000). D/d. 13.3.2000.

Jeewan and others - Appellants

Versus

State of Rajasthan - Respondent

Criminal Procedure Code, 1973, Sections 374 and 385 - Conviction - Appeal - Only becasue no body present on behalf of appellants, the High Court affirmed the convictions without appointing any amicus curiae and with even mention to the facts or the evidence against the appellants on the basis of which their conviction was sustained - Order of High Court set aside - Matter remanded for decision afresh in accordance with law.

[Paras 3 and 4]

ORDER

Leave granted.

2. On 18.2.2000, the following order was passed :

"Issue notice on the S.L.P. as well as on the bail application returnable within three weeks.

The notice shall indicate as to why the judgment of the High Court not be set aside and the case remanded to the High Court."

3. We have heard learned Counsel for the parties. The judgment of the High Court does not meet the basic requirements judgment as it understood in the Code of Criminal Procedure or in criminal jurisprudence. Though it is a Judgment of affirmation, it still cannot be treated to be a judgment as the High does not even mention the facts or the evidence against the appellants on the basis of which their conviction was sustained. Since nobody was present on behalf of the appellants, we feel that they did not get a fair trial in the High Court. If learned Counsel for the appellants was not present, the High Court could have appointed an amicus.

4. For the reasons stated above, the appeal is allowed. The impugned judgment dated 1.12.1999, passed by the High Court, is set aside and the case is remanded to the High Court for being disposed of on merits in accordance with law in the light of the observations made above. It will be open to the appellants to apply for a fresh bail in the High Court. But in the meantime, the appellants who were on bail during the pendency of the appeal in the High Court shall be released on interim bail on their furnishing a personal bond and two sureties each to the satisfaction of the trial court.

Appeal allowed.