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2023 Supreme(Del) 3314

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Mahesh Mishra – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Appearance not given, for the Appellant.
Mr. Tarang Srivastava, APP, for the State.

JUDGMENT (Oral)

CRL.M.A.18555/2023 (For Recall of the Judgment dated 26.06.2023) IN CRL.A.622/2019 by applicant Mahesh Mishra

CRL.M.A.18568/2023 (For Recall of the Judgment dated 26.06.2023) IN CRL.A.624/2019 by applicant Hindveer Singh

1. The two appellants i.e. Shri Mahesh Mishra and Shri Hindveer Singh vide their aforementioned applications filed under Section 482 Cr.P.C have sought recalling of the judgment dated 26.06.2023, in so far as it affirms the sentence imposed by the learned Trial Court without affording an opportunity of hearing to the appellants on the issue of sentence.

2. It is submitted on behalf of the appellants in their respective application that vide judgment dated 14.03.2019 and Order on Sentence dated 20.03.2019 learned ASJ, FTC/E-Court, Shahdara District, Karkardooma Courts, Delhi had convicted and sentenced the accused Mahesh Mishra and Hindveer Singh. The arguments were heard on behalf of all the parties and the Court reserved the appeals for judgment on 19.05.2023. The appeals were dismissed vide Order dated 26.06.2023. It is submitted that no opportunity had been given to the appellant to address the arguments and tender material on the point of senten

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