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2003 Supreme(SC) 520

Y.K.SABHARWAL, H.K.SEMA
Arvind Yadav – Appellant
Versus
Ramesh Kumar – Respondent


JUDGMENT

Y.K. Sabharwal, J.-Leave granted.

2. By the impugned common judgment, the High Court allowed number of Letter Patent Appeals and directed the authorities to release all the appellants, who were before the Division Bench, from prison within a period of 15 days. In criminal appeal arising out of SLP (Crl.) No. 3759/02, the judgment of the High Court directing release of Ramesh Kumar who was found guilty of offence under Section 302 IPC for murder of deceased Jitendra, has been challenged by his brother - Arvind Yadav on permission granted to him to file the Special Leave Petition. The State has also filed appeal challenging the direction of the High Court for release of Ramesh Kumar (Crl.A. arising out of SLP (Crl.) No. 4397/02). The directions of High Court to release other convicts are subject matter of challenge in connected appeals.

3. The crime was committed in the year 1994. The Sessions Court, by judgment and order dated 26th August, 1997, convicted Ramesh Kumar for offence under Section 302 IPC. The appeal filed by Ramesh Kumar challenging his conviction is pending before the High Court. Release from prison has been sought by Ramesh Kumar under Madhya Pradesh Prisoners











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