In
The Supreme Court of India Criminal Appellate Jurisdiction Criminal Appeal No.
1255 of 2003
State
of Punjab Appellant (S) Vs Jasbir Singh & Ors. Respondent(S)
ORDER
State
of Punjab has filed this appeal by special leave against the order dated14.2.2002
passed by the High Court of Punjab.
2.
The High Court rejected the application under Section 378(3) Cr.P.C. filed by
the State seeking permission to file an appeal against acquittal of the accused
respondents by the Sessions Judge, Ludhiana in Sessions Trial No. 7 of
15.3.1999, by the following order: "We have heard the learned State
Counsel and perused the Judgment of the Court below. We do not find any
discernible legal flaw in the same nor it is based on misreading of the
evidence before the Court. No merit.
Dismissed."
This Court has in several cases held that the High Court while dealing with
appeals against acquittal and refusing leave to appeal, should indicate the
reasons for its decision. In State of Rajasthan Vs. Sohan Lal & Ors., (2004)
5 SCC 573, this Court held that refusal of permission and
......2.
-2
rejection of appeal by a non-speaking order, similar to the order in this case,
was an order without reasons Following the said decision, it has to be held
that the High Court has rejected the application under Section 378(3) Cr.P.C.
without reasons.
3.
The appeal relates to an incident which occurred on 18.8.1998 and the State had
filed the appeal before the High Court in the year 2001 with an application
under Section 378(3) Cr.P.C.. In the facts and circumstances of the case and
the nature of the appeal, interests of justice require grant of leave sought
under Section 378(3) without expressing any views on merits, so that the appeal
can be disposed of by the High Court on merits.
4.
Accordingly, we allow this appeal and set aside the order dated 14.2.2002
passed by the High Court and grant leave to appeal sought by the State.
Consequently,
the High Court shall entertain the appeal and dispose it of in accordance with
law.
...................J.
(R.V. RAVEENDRAN)
...................J.
(P. SATHASIVAM) NEW DELHI;
JUNE 26, 2008.
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