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M. M. SUNDRESH, ARAVIND KUMAR
Aman Maheshwari – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Leave granted.
2. We have perused the impugned judgment. While the co-accused have been exonerated, no such exoneration was granted in favour of the appellant. However, the High Court was pleased to dismiss the petition, inter-alia, holding that in view of exoneration of the co-accused, nothing survives for consideration, which is factually incorrect, insofar as the appellant is concerned.
3. In such view of the matter, we are inclined to set aside the impugned judgment insofar as the appellant is concerned, with a request to the High Court to consider the case afresh on merits, in accordance with law. All issues are left open to be raised before the High Court.
4. Needless to state that in view of the impugned judgment being set aside by us, the stay granted on the earlier occasion by the High Court shall continue till the disposal of the main petition by the High Court.
5. The appeal stands allowed accordingly.
6. Pending applications, if any, shall stand disposed of.
The court set aside the High Court's dismissal of the appellant's petition, mandating a fresh consideration of the case on its merits.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
The seriousness and gravity of the offences for which the accused were convicted by the trial Court, and the failure of the High Court to consider the merits of the trial Court's judgment and order, ....
Court emphasized the need for timely consideration of applications regarding setting aside ex-parte decrees and condonation of delay.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
On setting aside an ex-parte judgment and decree, defendants may participate in the suit proceedings and cross-examine witnesses, even if they did not file the written statement.
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