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Lakhvir Singh Etc. Petitioner(s) v. State Of Punjab (s).

Supreme Court Of India
Dec 3, 2020
Smart Summary (Beta)

Factual and Procedural Background

This order arises in special leave petitions (SLPs) where the petitioners seek relief relating to conviction and sentence. The Court allowed applications for exemption from filing the certified copy of the impugned judgment and for permission to file additional documents/facts/annexures, and it condoned delay.

Counsel for the petitioners submitted that the complainant/effected party has forgiven the petitioners, with a post-impugned-order compromise placed on record (at page 49). Counsel stated that the petitioners seek to contend only on the quantum of sentence and that they have already undergone about 50% of their sentence.

At the request of petitioners’ counsel, the Court impleaded the complainant, Mr. Amrik Singh, as respondent No. 2. The Court issued notice on the SLPs and on the prayer for interim relief of bail, returnable in the miscellaneous week prior to the winter recess, and directed dasti service—through the standing counsel for respondent No. 1 and to respondent No. 2 as well.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

Petitioners' Arguments

  • The complainant/effected party has forgiven the petitioners; a compromise executed after the impugned order is on record (page 49).
  • The petitioners limit their challenge to the quantum of sentence.
  • The petitioners have been in custody for approximately 50% of the imposed sentence.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order records procedural directions without substantive analysis. The Court:

  • Allowed applications for exemption from filing the certified copy of the impugned judgment and for filing additional documents/facts/annexures.
  • Condoned delay.
  • Impleaded the complainant, Mr. Amrik Singh, as respondent No. 2 at the request of petitioners’ counsel.
  • Issued notice on the SLPs and on the prayer for interim relief of bail, making it returnable in the miscellaneous week preceding the winter recess.
  • Directed dasti service through the standing counsel for respondent No. 1 and dasti service for respondent No. 2.

No further reasoning or determination on the merits, including on the sentence or interim bail, is articulated in the text.

Holding and Implications

Applications for exemption allowed; delay condoned; complainant impleaded as respondent No. 2; notice issued on the SLPs and on the interim bail prayer (returnable in the miscellaneous week prior to winter recess); dasti service directed.

Implications:

  • The SLPs remain pending; the matter (including the prayer for interim bail) is scheduled for further consideration in the miscellaneous week preceding the winter recess.
  • Both respondents are to be served promptly, including through dasti service, to facilitate the next hearing.
  • No determination on the merits has been made, and the order sets no new precedent.
Show all summary ...

1. Applications for exemption from filing certified copy of the impugned judgment and for permission to file additional documents/facts/annexures are allowed.

2. Delay condoned.

3. Learned counsel for the petitioners submits that even the complainant/effected party has forgiven the petitioners and that compromise entered into after the impugned order has been placed on record at page No. 49. He seeks to contend only on the issue of the quantum of sentence and submits that the petitioners have already been in custody for about 50% of their sentence.

4. At the request of learned counsel for the petitioners, we implead Mr. Amrik Singh, complainant as the second respondent.

5. Issue notice on the special leave petitions and on the prayer for interim relief of bail returnable in the miscellaneous week prior to winter recess.

6. Dasti service in addition through the standing counsel for respondent No. 1 and dasti for respondent No. 2 as well.