Referred to Larger Bench XXXI: Two Sets of Three-Judge Benches

Posted on by Rudrajyoti Nath Ray

There exists a clear conflict. It is necessary to have clarity.  

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Same-Day Sentencing in a Capital Offence violates Principles of Natural Justice and is opposed to Section 235(2) of The Code of Criminal Procedure, 1973.

Dattaraya v. State of Maharashtra, (2020) 14 SCC 290; Bhagwani v. State of Madhya Pradesh, Criminal Appeal Nos. 101-102 of 2022; Manoj & Ors. v. State of Madhya Pradesh, Criminal Appeal Nos. 248- 250 of 2015.

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Same-Day Conviction and Sentencing would not vitiate Sentence.

Shatrughna Baban Meshram v. State of Maharashtra, (2021) 1 SCC 596; Manoj Suryavanshi v. State of Chhatisgarh (2020) 4 SCC 451; Mohd. Mannan v. State of Bihar, (2019) 16 SCC 584; Vasanta Sampat Dupare v. State of Maharashtra, (2018) 6 SCC 631; Mukesh v. State for NCT of Delhi, (2017) 6 SCC 1; B.A. Umesh v. High Court of Karnataka, (2017) 4 SCC 124.

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Manoj Pratap Singh v. State of Rajasthan, Criminal Appeal Nos. 910-911 of 2022 is an example, where ‘sufficient time’ for compliance with Section 235(2) was considered. Apprehension was recorded in Manoj & Ors. v. State of Madhya Pradesh, Criminal Appeal Nos. 248- 250 of 2015 relating to absence of a framework.

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Reference to a Larger Bench of Five Hon’ble Judges.

– Hon’ble Justice S. Ravindra Bhat, In Re: Mitigating Circumstances, Death Sentences, [Suo Motu Writ Petition (Criminal) No. 1 of 2022] decided on 19.09.2022.

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Vasanta Sampat Dupare v. State of Maharashtra, (2015) 1 SCC 253 referred to observations made by Privy Council in Pulukuri Kottaya v. King-Emperor, AIR 1947 PC 67.

– Hon’ble Justice Ujjal Bhuyan, Md. Bani Alam Mazid v. State of Assam, [Criminal Appeal No. 1649 of 2011] decided on 24.02.2025.

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We reiterate Reference to a Larger Bench in said decision [In Re: Mitigating Circumstances, Death Sentences, Suo Motu Writ Petition (Criminal) No. 1 of 2022], for certainty is essential for just adjudication.

– Hon’ble Justice Sanjay Karol, Ramesh A. Naika v. Registrar General, High Court of Karnataka, [Criminal Appeal Nos. 877-878 of 2020] decided on 13.02.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.