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DIPANKAR DATTA, SATISH CHANDRA SHARMA
Bhola Mahto – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. high court modified appellant's conviction. (Para 2) |
| 2. arguments over nature of crime under ipc. (Para 5) |
| 3. court's reasoning for appeal remand. (Para 6 , 11 , 13 , 15 , 16) |
| 4. order restoring status quo ante regarding bail. (Para 19) |
| 5. appeal partly allowed on various terms. (Para 21) |
| 6. guidelines for amicus appointment in future. (Para 23) |
JUDGMENT
1. Leave granted.
2. Appellant challenges the judgment and order dated 2nd December, 2024 [impugned order] of the High Court of Jharkhand at Ranchi [High Court] , which was rendered while disposing of his appeal [CRADB No. 58 of 2003] under Section 374 (2), Code of Criminal Procedure, 1973. While partly allowing such appeal by setting aside the conviction recorded by the relevant sessions court against the appellant under Section 302 , Indian Penal Code, 1860 [ IPC ] and the sentence of life imprisonment, a Division Bench of the High Court altered the conviction to one under Section 304 - Part II, and sentenced the appellant to 5 years rigorous imprisonment.
3. While hearing the appeal, we are reminded of the expression “give him an inch and he will ask for a mile”.
4. Having regard to the final order we propose to pass,
The conviction was altered from murder to culpable homicide due to mitigating circumstances, highlighting the necessity of procedural fairness in legal representation.
The appointment of an amicus curiae for an incarcerated appellant requires prior notice to the accused and must afford the counsel sufficient time and opportunity to consult with the client to ensure....
The court ruled that non-bailable warrants issued for acquitted persons cannot lead to their automatic release on bail by Magistrates, emphasizing the need for judicial discretion and fair trial righ....
(1) Delay in disposal of appeal cannot be attributed only to Judiciary. There are certain factors which are beyond control to judiciary for which delayed disposal has occasioned.(2) Right of accused ....
The main legal point established in the judgment is the right to free legal services as an essential ingredient of a fair procedure for a person accused of an offence, as emphasized by Article 39-A a....
The High Court erred in enhancing the appellant's sentence from one day to 24 months without proper service of notice, violating procedural justice.
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