The court has the discretion to grant leave in a special leave petition, direct the appeal to be heard on merits, and suspend the death sentence until the disposal of the appeal, considering the circumstances of the case.

Headnote:
Capital Punishment - Special Leave Petition - The court granted leave in the special leave petition against the imposition of capital punishment and directed the appeal to be heard on merits, while also suspending the death sentence until the disposal of the appeal.
Fact of the Case:

The special leave petition against the imposition of capital punishment was dismissed in limine, but the court granted leave in the special leave petition, directed the appeal to be heard on merits, and suspended the death sentence until the disposal of the appeal.
Finding of the Court:

The court found that the appellant had been in custody for over seventeen years and granted leave in the special leave petition, directing the appeal to be heard on merits and suspending the death sentence until the disposal of the appeal.
Issues: Imposition of capital punishment, dismissal of special leave petition, grant of leave in the special leave petition, suspension of death sentence
Ratio Decidendi: The court's decision was influenced by the appellant's long period of custody, leading to the grant of leave in the special leave petition, direction for the appeal to be heard on merits, and suspension of the death sentence until the disposal of the appeal.
Final Decision: The court granted leave in the special leave petition, directed the appeal to be heard on merits, and suspended the death sentence until the disposal of the appeal.

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/Trial Court forthwith so that the records are in court at the time of final hearing.

10. The Registry is also directed to serve a copy each on the advocates-on-record for the appellant as well as the respondent.

11. We make it clear that the order on suspension of death sentence will continue to operate till the disposal of this appeal.

12. Post the matter before a Bench of which one of us (A.M. Khanwilkar, J.) is not a member.

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Judicial Analysis