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1999 Supreme(SC) 1181

K.T.THOMAS, M.B.SHAH
State Of U. P. – Appellant
Versus
Nasruddin – Respondent


K.T.THOMAS, J.

(1) WE are coming across a number of judgments rendered by Justice Girdharmalviya of the Allahabad High Court offering an opportunity to make a plea bargain in criminal appeals filed challenging the conviction and sentence passed under Section 304 or 307 of the Indian Penal Code and such other serious offences. Learned Judge seems to be taking his own earlier judgment dated 15-10-1996 passed in Criminal Appeal No. 3407 as a binding precedent for him to follow. Prima facie we are of the view that the invitation to all those appellants who stand convicted of serious offences to have the plea bargain with the High Court with the bait that the sentence would be slashed down to even a very short period already undergone, will open a gate leading to a serious miscarriage of justice. We feel that it is time to arrest further actions of such miscarriage of justice and therefore we resort to the step of suspending the operation of the aforesaid judgment (dated 15-10- 1996 in Criminal Appeal No. 3407 of 1979) from being used as a binding precedent.

(2) ISSUE notice to Respondents 1 and 2. The Registry will communicate this order to the Registrar of

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