Lakhan Thakur vs. State Of Bihar

\IT E M NO.8 Court No.3 SECT I O N I I A S UP R E M E CO U R T O F I N D I A R ECO R D OF P R OC E E D I N G S Petition(s) for Special Leave to Appeal (Crl) No(s).821/2009 (From the judgement and order dated 08/07 / 2 008 in CRL A No. 242/1997 of The H I G H COURT OF PAT N A) LA K H A N THA K U R Petitioner(s) VE R S U S STAT E OF B I H A R Respondent(s) (With appln(s) for c/delay in filing SL P,exemption from filing O.T.,bail and office report )) Date: 01/05 / 2 009 This Petition was called on for hearing today. COR A M : HON' B L E Dr. JUST IC E AR I J I T PAS A Y A T HON' B L E M R. JUST I C E ASO K KU M A R GANGUL Y For Petitioner(s) Mr. Ra kesh Kumar, Adv Mr. Narendra Kumar,Adv. For Respondent(s) Mr. Gopal Singh,Adv. Mr. Chandan Kumar, Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. Leave granted. The appeal is disposed of in terms of the signed order. (Shashi Sareen) (Shashi Bala Vij) Court Master Court Master (Signed order is placed on the file) IN TH E SUP R E M E COUR T OF IN D I A CR I M I N A L AP P E L L A T E JUR I S D I C T I O N CR I M I N A L AP P E A L No. OF 2009 (Arising out of SL P(Crl.) No. 821 of 2008) LA K H A N THA K U R ... Appellant(s) Versus STAT E OF B I H A R ... Respondent(s) Leave granted.

Considering the fact that the criminal appeal was disposed of in the absence of learned counsel for the appellant, we set aside the impugned order and remit the matter to the High Court for a fresh hearing on merits. Though there is a substance in the stand of learned counsel for the respondent that the criminal appeal is of the year 1997 and there was urgency for disposal of the appeal, considering the fact that learned counsel for the appellant could not appear because of certain unavoidable difficulties, we are passing this order.

To avoid unnecessary delay let the appellant appear before the High Court through counsel on 14 th July, 2009 without further notice. We request the Hon'ble Chief Justice of the High Court to allot the matter to an

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appropriate Bench. We have not expressed any opinion on the merits of the case.

The appeal is disposed of.

...................J. (Dr. AR I J I T PAS A Y A T)

....................J. ((ASO K KU M A R GANGUL Y)

New Delhi, May 01, 2009.