(Rohinton Fali Nariman and Indu Malhotra, JJ.)
Raju _____________________________________________ Petitioner
v.
The State of Madhya Pradesh _________________________ Respondent
Review Petition (Crl.) No. 680/2017 in Special Leave Petition (Crl.) No. 4814/2016, decided on July 2, 2018
The Order of the court was delivered by
Order
1. The Special Leave Petition was filed against the judgment and final order dated 03.02.2015 of the High Court of Madhya Pradesh at Jabalpur. By our order dated 29.06.2016, we had dismissed the Special Leave Petition. The Present Review Petition is against the said order. It appears that, in the meanwhile, in the co-accused No. 5’s case, who is similarly situated to the petitioner (in that five persons, was stated to constitute an unlawful assembly and, therefore, were held guilty of the crime under Section 302 I.P.C.), leave was granted from the same High Court judgment on 06.02.2017.
2. We are informed by Ms. Rani Chhabra, learned counsel for the petitioner that, by our judgment dated 05.10.2017, the judgment of the High Court has since been set aside.
3. We, therefore, allow the present Review Petition in the same terms as this Court’s judgment dated 05.10.2017 and grant the same benefit of doubt to the petitioner.
4. The Review Petition is allowed and the conviction and sentence imposed on the petitioner are set aside. If he is in custody, he may be released, if not required in any other case.
R.P.(Crl.) No. 680/2017 in SLP(Crl) No. 4814/2016
Raju _____________________________________________ Petitioner
v.
The State of Madhya Pradesh ________________________ Respondent
(IA No. 114292/2017-XTRA)
Date: 02-07-2018 This matter was called on for hearing today.
(Before Rohinton Fali Nariman and Indu Malhotra, JJ.)
For Petitioner(s) Mrs. Rani Chhabra, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
5. The Review Petition is allowed and the conviction and sentence imposed on the petitioner are set aside. If he is in custody, he may be released, if not required in any other case in terms of the signed order.
6. Pending application stands disposed of.
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