ORDER

1. This is a case where the special leave petition against the imposition of capital punishment was dismissed in limine.

2. We have heard Mr. Anand Grover, learned senior counsel appearing for the review petitioner/applicant and Mr. Nishant R. Katneshwarkar, learned counsel appearing for the State, who has graciously submitted that the State has no objection if the order of dismissal in limine is recalled, leave is granted in the special leave petition and the matter being heard on merits.

3. Therefore, the orders dated 30.11.2006 passed in Review Petition (Crl) No.337/2006 in SLP (Crl) No.3323/2006 and order dated 21.07.2006 passed in SLP (Crl) No.3323/2006 are recalled.

4. Delay in filing the application for reopening of review petition is condoned.

5. Application for reopening of review petition is, accordingly, disposed of.

6. The special leave petition is taken on Board.

7. Leave is granted in the special leave petition.

8. We are informed that the appellant has been in custody for over seventeen years. Therefore, we direct the Registry to post this appeal for hearing in the first week of February, 2019.

9. The Registry is directed to call for the records from the High Court/Tria