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2018 Supreme(SC) 1717
SUPREME COURT OF INDIA
KURIAN JOSEPH, A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
Sudam @ Rahul Kaniram Jadhav - Appellant
Versus
State of Maharashtra - Respondent
R.P.(Crl.) Nos. 401-402 of 2012 In Crl.A. No. 185-186 of 2011
Decided On : 31-10-2018
For the Appellant :Ms. Nitya Ramakrishnan, Advocate, Mr. Shadan Farasat, AOR, Mr. Yash S. Vijay, Advocate, Mr. Saaduzzaman, Advocate, Ms. Rudrakshi Deo, Advocate, Ms. Shruti Narayan, Advocate
For the Respondent:Mr. Nishant Ramakantrao Katneshwarkar, AOR, Ms. Suvarna Ganu, Mrs. Deepa Kulkarni, Mr. Anoop Kandari, Advocates
The court's discretion to proceed with the hearing based on the submission of the counsels despite the matter not being listed before one of the judges.
Headnote:
Bench Hearing - Submission - The court proceeded to hear the matter despite it not being listed before one of the judges, based on the submission made by the counsels for the petitioner and the State.
Fact of the Case:
The matter was not listed before one of the judges, but the court proceeded to hear it based on the submission made by the counsels for the petitioner and the State.
Finding of the Court:
The court directed the counsel for the State to obtain specific instructions from the jail authorities on various aspects related to the petitioner, and the case was scheduled for further hearing.
Issues: Bench hearing despite not being listed before one of the judges, obtaining specific instructions from jail authorities.
Ratio Decidendi: The court's decision to proceed with the hearing was influenced by the submission made by the counsels for the petitioner and the State, indicating no objection to the Bench hearing the matter.
Final Decision: The case was scheduled for further hearing on a specified date.
JUDGMENT :
1. Though this matter should not have been listed before one of us (A.M.Khanwilkar, J.), in view of the submission made by the learned counsel for the petitioner and the learned counsel appearing for the State that they have absolutely no objection in this Bench hearing this matter. Therefore, we proceeded to hear the matter.
2. Heard the learned counsel appearing on both sides.
3. The learned counsel appearing for the State is directed to get specific instruction from the jail authorities on the following aspects :-
(i) The conduct of the petitioner in jail.
(ii) Whether the petitioner is involved in any other case.
(iii) Whether the petitioner has acquired any education in jail.
(iv) The condition of the petitioner as to the health, including the medial records, if any.
(v) Any other relevant information.
4. Post on 12.11.2018 at 02.00 PM as Part Heard.
