State of U.P. v. Nasruddin, (SC)
BS88707
SUPREME COURT OF INDIA
Before:- K.T. Thomas and M.B. Shah, JJ.
Criminal Appeal No. 57 of 2000 (arising out of S.L.P. (Cri) No. 3438 of 1999). D/d.
17.1.2000.
State of U.P. - Appellant
Versus
Nasruddin and another - Respondents
NOTE
Appeal - Plea bargaining - Pardon of sentence in heinous crimes like offences 304 or 307 Indian Penal Code to the smaller one is not good practice.
Criminal Procedure Code, 1973, Sections 304 and 320 - Conviction and sentence - Appeal - Pre bargain - High Court yielded - Orders of High Court set aside - Respondent accused to remain on bail on the same bond on which they were released during pendency of appeal.
[Para 3]
Cases Referred :-
State of Uttar Pradesh v. Chandrika, (1999)8 JT (SC) 481.
JUDGMENT
Leave granted.
2. Heard both sides.
3. The impugned judgment is another instance of pre-bargain to which a learned Single Judge of the Allahabad High Court had yielded. In the light of the decision of this Court in State of Uttar Pradesh v. Chandrika, (1999)8 JT (SC) 481, we upset the impugned judgment and direct the Allahabad High Court to dispose of the appeal afresh. Respondents will remain on bail till disposal of the appeal on the same bond on which they were released during the pendency of that appeal. It is submitted that respondents have remitted a total amount of Rs. 10,000/- pursuant to the said judgment. We permit them to apply for refund of the said amount without prejudice.
4. With these observations, we dispose of this appeal.
Order accordingly.