Remanded

Paramjit Singh v. Baljit Dass

Punjab & Haryana HC12 Sept 2012CRA-S/2208/2012

Case brief

AI extract

What is this about?

The High Court allowed the appellant's prayer for final disposal. It held that the lower appellate court erred in passing a sentence without hearing the accused in person. The matter was remanded to the lower court for a fresh sentence proceeding after giving the appellant an opportunity to be heard.

What did the court decide?

The sentence order was remanded to the lower appellate court to be passed afresh after hearing the appellant in person.

Paramjit Singh Vs Baljit Dass — Criminal Trial and Appeal | Punjab & Haryana HC (2012)

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CRA No.2208-SB of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRA S-2208-SB of 2012 (O&M) Date of Decision: September 12, 2012

Paramjit Singh

... Appellant

Versus

Baljit Dass

... Respondent

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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1. Whether Reporters of the local papers may be allowed to see the judgment ?.

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1. To be referred to the Reporters or not ?.

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1. Whether the judgment should be reported in the Digest ?

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Present: Mr. Gaurav Singla, Advocate, for the appellant.

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Mr. Ashok Bhardwaj, Advocate, for the respondent.

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Paramjeet Singh, J. (Oral)

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Learned counsel for the parties pray that instead of deciding CRM No. 43706 of 2012 for suspension of sentence, the main appeal which stands admitted may be heard for final disposal. The prayer is allowed. Main appeal is taken up for final hearing today itself.

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Heard.

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Learned counsel for the appellant states that he is not challenging the conviction on merit at this stage and reserve his right. He is only aggrieved against the sentence part. Learned counsel for the appellant relies upon the judgment of the Hon'ble Apex Court in the matter

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CRA No.2208-SB of 2012

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of Bihari Prasad Singh vs. The State of Bihar and another, (2000) 10 SCC 346 , to contend that the Court while exercising its appellate jurisdiction can not refuse to hear or entertain the matter on the ground that the accused has not surrendered . Learned counsel for the appellant further states that at the most conviction order can be passed in the absence of the appellant-accused but in any circumstances, the sentence order cannot be passed without hearing the accused. The learned Lower Appellate Court has committed error in law in awarding the sentence in the absence of the appellant-accused.

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There is specific provision under Section 235(2) of the Cr.P.C. that the order should have been passed after hearing the accused in person. Section 235(2) reads as under:-

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“ 235(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.”

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In view of the above provision, the Lower Appellate Court should have postponed the proceedings after passing the order of conviction and given opportunity to the accused to produce evidence or circumstances which may lead the court to pass a lesser sentence.

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In view of the above, present case is remanded to the Lower Appellate Court only to the limited extent that the appellant be given opportunity of hearing before passing the order of sentence. The Lower Appellate Court after hearing the appellant-accused, shall pass a fresh

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CRA No.2208-SB of 2012 3

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order on quantum of sentence. The appellant is directed to appear in person along with his counsel, if he so desires before the Lower Appellate Court on 24.09.2012. However, the order shall be passed without being influenced by the earlier order.

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Disposed of.

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September 12, 2012 [Paramjeet Singh] vkd Judge

Paramjit Singh v. Baljit Dass

Case brief

What is this about?

What did the court decide?

Paramjit Singh v. Baljit Dass

Case brief

What is this about?

What did the court decide?

What the court decided

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