Ambika Mandal Vs The
State of Bihar Now Jharkhand [2008] INSC 2032 (28 November 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2008 (Arising
out of SLP (Crl.) No. 4912 of 2008) Ambika Mandal ...Appellant The State of
Bihar (Now Jharkhand) ...Respondent
Dr. ARIJIT PASAYAT,
J.
1.
Leave
granted.
2.
Challenge
in this appeal is to the judgment of a learned Single Judge of the Jharkhand
High Court dismissing the appeal filed by the appellant.
The appeal was
directed against the judgment of conviction and order of sentence passed by the
learned second Additional Sessions Judge, Santhal Pargana, Dumka, convicting
the appellant for offences punishable under Sections 304-B and 306 of the
Indian Penal Code, 1860 (in short `the IPC') and also under Section 3/4 of the
Dowry Prohibition Act, 1961 (in short `the DP Act'). The appellant was
sentenced to undergo rigorous imprisonment for ten years for the first offence
and seven years' for the second offence and six months rigorous imprisonment
for the offence punishable under Section 4 of the DP Act.
3.
The
factual background is not necessary to be dealt with in detail as learned
counsel for the appellant's primary stand was that the appeal was disposed of
ex-parte and, he had no notice of transfer of the case from Patna High Court to
Jharkhand High Court.
4.
Originally,
the appeal was pending before the Patna High Court and on reorganization of
States, it was transferred to the Jharkhand High Court.
The appellant had no
notice and, therefore, when the matter was taken up, there was no
representation. This position is not disputed by learned counsel for the
respondent-State.
5.
In
the circumstances, we set aside the impugned judgment and remit the matter to
the High Court for fresh disposal. To avoid unnecessary delay, let the parties
appear before the High Court on 10.12.2008 without further notice. The Hon'ble
Chief Justice of the High Court is requested to allot the case to an
appropriate Bench.
6.
It
is made clear that we have not expressed any opinion on the merits of the case.
It is fairly accepted by learned counsel for the appellant that prayer for bail
will not be pressed, in case the appeal is taken up for early hearing. In that
regard, we have already passed the above order. We request the High Court to
explore the possibility of expeditious disposal of the appeal which is fifteen
years old, preferably within four months from the date of receipt of copy of
our order.
7.
The
appeal is, accordingly, disposed of.
.........................................J.
(Dr. ARIJIT PASAYAT)
.........................................J
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