1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP (Crl.) No.10111 of 2023)
BHAGABATIA TANDI & ORS. ….. APPELLANT(S)
VERSUS
STATE OF ODISHA ….. RESPONDENT(S)
O R D E R
Leave granted.
Having heard the learned counsel for the parties, noticing the fact that the occurrence was in the year 2000 and that the appellants were convicted under Sections 323, 324 and 325 read with Section 149 of the Indian Penal Code, 1860, we are inclined to reduce the substantial sentence to be suffered by the appellants, to the period already undergone, which it is stated, is about twenty months. We also notice that presently, appellant no. 1 � Bhagabatia Tandi is about 83 years of age. He was granted bail vide order dated 11.09.2023.
The bail bonds executed by the appellants will be treated as cancelled.
Recording the aforesaid, the appeal is disposed of.
Pending application(s), if any, shall stand disposed.
………………J.
(SANJIV KHANNA)
………………J.
(DIPANKAR DATTA)
NEW DELHI;
FEBRUARY 05, 2024.
ITEM NO.37 COURT NO.2 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10111/2023
(Arising out of impugned final judgment and order dated 12-05-2022
in CRLA No. 49/2004 passed by the High Court Of Orissa At Cuttack)
BHAGABATIA TANDI & ORS. Petitioner(s)
VERSUS
THE STATE OF ODISHA Respondent(s)
(IA No. 131680/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 131678/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(Crl) No. 10860/2023 (II-B)
(IA No. 130667/2023 – CONDONATION OF DELAY IN FILING
IA No. 130664/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 130673/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 05-02-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Somanatha Padhan, AOR
Mr. Akash Kakade, Adv.
Mrs. Sujata Kumari Muni, Adv.
Mr. A. V. S. Raju, Adv.
Mr. G. V. N. Suresh, Adv.
Mr. Ashok Anand, Adv.
Mr. Rakesh Kumar Singh, Adv.
For Respondent(s) Mr. Dhananjaya Mishra, AOR
Mr. Navneet Dogra, Adv.
Mr. Som Raj Choudhury, AOR
UPON hearing the counsel, the Court made the following
O R D E R
SLP (Crl.) No. 10111/2023
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of. SLP (Crl) No. 10860/2023
Trial court records be requisitioned and, if required, the relevant documents and deposition will be translated into English. It will be open to the learned counsel for the parties to obtain e-copy of the trial court records.
Re-list in the week commencing 29.07.2024.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)