IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anant Bijay Singh, Kailash Prasad Deo, JJ.
Shyam Sunder Sardar - Appellant
Versus
State Of Jharkhand - Respondent
Criminal (Jail) Appeal No. 1920 of 2004
Decided On : 26-10-2018
Amicus Curiae - Criminal Appeal - The court appointed an amicus curiae to assist the court in the case and directed the preparation of paper books for the appeal.
Fact of the Case:
The appellant was found guilty under Section 302 I.P.C. and sentenced to life imprisonment and a fine. The appeal was admitted for hearing, and an amicus curiae was appointed to assist the court.
Finding of the Court:
The court directed the concerned trial court to provide a report on the status of the appellant and appointed an amicus curiae to assist the court. The court also directed the preparation of paper books and listed the case for a future date.
Issues: Appointment of amicus curiae, status of the appellant, preparation of paper books
Ratio Decidendi: The court's decision was influenced by the need for assistance in the case, ensuring the appellant's status is known, and the preparation of necessary documents for the appeal.
Final Decision: The court directed the concerned trial court to provide a report on the appellant's status, appointed an amicus curiae, and directed the preparation of paper books for the appeal.
JUDGMENT
1. The sole appellant, Shyam Sunder Sardar faced trial in S.T. Case No.249 of 1999 [arising out of Chandil P.S. Case No.11 of 1999 corresponding to G.R. No.49 of 1999 passed by Sri B. K. Goswami, learned 1st Additional Sessions Judge, Seraikella, whereby, learned Judge vide judgment dated 20.08.2004 held the appellant guilty under Section 302 I.P.C. and awarded life imprisonment for life and fine of Rs. 10,000/- and in default of fine, further to undergo rigorous imprisonment for six months.
2. The instant Criminal Appeal was admitted for hearing on 17.05.2005 and L.C.R. was called for and the appellant was admitted on bail. Vide order dated 20.04.2005, Ms. Nirupma, Advocate was appointed as Amicus Curiae, but she was not present in the Court today. Mr. Pramod Kumar, Advocate (whose Mobile Number being 94311-67600) was appointed as amicus curiae in this case to assist the Court. The Member Secretary, Jharkhand State Legal Services Authority is directed to issue nomination letter to amicus curiae, Mr. Pramod Kumar, Advocate and also quantify his fee for appearing in this case.
3. Call for a report regarding status of the appellant from the concerned trial Court as to whether the appellant is alive or not through the concerned Police Station.
4. The required report must be submitted to this Court by 27th February, 2019.
5. The learned trial court will inform the appellant through the Para Legal Volunteer of the respected area. The Para Legal Volunteer of the respected area will inform the appellant(s) about appointment of Amicus Curiae and his Mobile number in this case so that they may contact with with learned amicus curiae with the aforesaid mobile number.
6. Joint Registrar (Judicial) of this Court is directed to ensure preparation of the paper books at the earliest.
7. List this case on 27th February, 2019.
8. Registry of this Court is directed to supply copies of brief as well as relevant documents to the amicus curiae as well as learned Additional Public Prosecutor appearing for the State at the earliest.
9. Let the names of newly appointed amicus curiae, Mr. Pramod Kumar and Mr. Anand Kumar Pandey, learned Additional Public Prosecutor appearing for the State be correctly reflected in the ''Cause List''.
10. Let a copy of this order be communicated through ''FAX'' to the concerned Trial Court as well as learned Member Secretary, JHALSA, Ranchi at once.
11. Let a copy of this order be handed over to learned Joint Registrar (Judicial) at once.
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