In a brief judgment passed by a Division Bench comprising of Justice BR Gavai and PS Narasimha of the Hon’ble Supreme Court set aside and quashed the order and judgment of a Division Bench of the Rajasthan High at Jodhpur which enhanced the sentence of murder accused from “Life Imprisonment” to “Rest of their lives”.
While doing this the Supreme Court held that “No doubt that the High Court could have itself exercised suo moto powers and enhanced the sentence. However, prior to doing so, the High Court was required to give a notice to the appellants. Admittedly, the same has not been done.”
While ruling on the issue of opportunity of being heard the Supreme Court held that “As a result of the judgment and order of the High Court, the sentence awarded to the appellants has been enhanced without the appellants having an opportunity to defend their case as to why the enhanced sentence should not be granted.”
“It is further clarified that the observations made in the impugned order with regard to the appellants being not entitled to any remissions or pre-mature release are also expunged.”
The case details:-
CRIMINAL APPEAL NO. 1248 OF 2022
(Arising out of SLP (CRL.) NO. 7283 OF 2019)
RADHEYSHYAM & ANR. Appellant(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
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