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2014 Supreme(SC) 1193

SUPREME COURT OF INDIA
H.L. Dattu, Anil R. Dave, JJ.
Surendrra Koli - Petitioner
Versus
State of U.P. And Ors. - Respondents
Crl.M.P. No. ..... of 2014 in R.P.(Crl.) No. 395 of 2014 in Crl. A. No. 2227 of 2010
Decided On : 08-09-2014

The urgency of the matter and reliance on observations made by the Constitution Bench in another case can influence the court's decision to stay the execution of a death sentence.

Headnote:

Review Petition - Stay of Execution - The court stayed the execution of the death sentence for a week based on the urgency of the matter and the reliance on observations made by the Constitution Bench in another case.

Fact of the Case:

An application was made to review the orders for the execution of the death warrant, citing the urgency of the matter and reliance on observations made by the Constitution Bench in another case.

Finding of the Court:

The court stayed the execution of the death sentence for a week due to the urgency of the matter.

Issues: Review of orders for execution of death warrant, urgency of the matter

Ratio Decidendi: The urgency of the matter and reliance on observations made by the Constitution Bench in another case influenced the court's decision to stay the execution of the death sentence.

Final Decision: The court stayed the execution of the death sentence for a week.

ORDER :

An application to review the orders passed on 24.07.2014 in Surendra Koli v. State of U.P., Review Petition (Crl.) No. 395 of 2014 is placed before us at 1 a.m. on 8th September, 2014. In the application, it is stated that the execution of the Death Warrant may take place at 5.30 a.m. on Monday, the 08.09.2014. For recalling and to review our orders, the applicant relies upon the observations made by the Constitution Bench in Mohd. Arif & Ors. v. Registrar, Supreme Court (Writ Petition No.77 of 2014) delivered on 02.09.2014.

2. Considering the urgency of the matter, we stay the execution of the death sentence of the applicant/petitioner for a period of one week from today. Call the matter next week.

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