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    Niranjan Lal And Another v. Attar Singh And Others

    Order

    1. Special leave granted. Heard both the sides.

    2. We are distressed that the High Court has allowed the revisional application preferred by Attar Singh and Satvir Singh s/o Mani Ram — respondents 1 and 2 and reduced the sentence imposed on them by the lower appellate court from one of rigourous imprisonment of 18 months to that of sentence undergone (respondents had not remained in jail for a single day). It passes our comprehension how the High Court has persuaded itself to pass such an order without even issuing a notice to the State or the original complainant. We can only hope that what has been done by the High Court in this case will not be repeated in future. The High Court which day in and day out quashes orders passed by the executive officials without complying with principles of natural justice has un-understandably allowed this revisional application without hearing the other side. The appeal is, therefore, allowed. The order passed by the High Court is set aside. Both the respondents shall surrender to custody in order to undergo the sentence imposed by the lower appellate court subject to any order for bail or final order that may be passed by the High Court upon hearing the parties. The High Court will list the matter for hearing only after respondents 1 and 2 surrender to custody. The High Court will thereafter dispose of the matter in accordance with law with expedition.

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    Niranjan Lal And Another v. Attar Singh And Others
    (Aug 9, 1988)