Jalam
Singh & Anr Vs. State of Madhya Pradesh
[2008] Insc 259 (22
February 2008)
C.K.
Thakker & D.K. Jain
O R D
E R CRIMINAL APPEAL NO. 368 OF 2007 (Arising out of SLP (Crl.) No. 6153/2007)
Delay
condoned.
Leave
granted.
We
have heard learned counsel for the parties.
Reading of the judgment of the High Court
makes it clear that nobody appeared on behalf of the appellants-accused (herein
also appellants), before the High Court and the matter was proceeded and
decided on merits. The High Court dismissed the appeal.
On the
facts and in the circumstances of the case, in our opinion, it would be
appropriate if we set aside the order passed by the High Court and remit the
matter to the High Court for fresh disposal in accordance with law. If the
appellants are not represented by the time the matter comes up for hearing, the
High Court will appoint Amicus Curiae and decide the case in accordance with
law.
The
appeal is, accordingly, disposed of.
..2/-
: 2 :
We
request the High Court to decide the matter as expeditiously as possible since
the appellants are in jail.
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