Atish Kumar Singh vs The State of Jharkhand & Ors

I.A. No. 773 of 2017

Counsel appearing for the applicant submitted that in the order passed by the Hon''ble Apex Court in Special Leave to Appeal (Criminal) No. 1265 of 2016, order dated 22nd February, 2016, Hon''ble the Supreme Court has observed as under:

"UPON hearing the counsel the Court made the following ORDER The High Court has refused to suspend the sentence of the petitioner herein during the pendency of the criminal appeal. The petitioner, who is convicted under Section 364A read with Section 120B of the Indian Penal Code, has already undergone 8 years of incarceration. Having regard to the facts and circumstances of the case, we are of the opinion that instead of granting bail to the petitioner, the appeal itself be heard expeditiously by the High Court, more so, when the appeal is of the year 2008 and is pending for almost 8 years now. We, therefore, request the High Court to dispose of the appeal within three months The petitioner shall not seek any adjournment when the case comes up for hearing. Subject to the aforesaid observations, the special leave petition is dismissed."(Emphasis supplied)

In view of the aforesaid observations, we, hereby, direct the Registry of this Court to get the paper books prepared, if not prepared already, with neatly typed copy of depositions of prosecution witnesses and other evidences as required under Rule

No. 190 and 191 of High Court of Jharkhand Rules 2001 and this criminal appeal will be listed under the heading "For final hearing" on 27th February, 2017.

Counsel appearing for the applicant will point out the aforesaid order passed by the Hon''ble Supreme Court to the Bench, before which this Criminal Appeal will be listed.

This interlocutory application is allowed and disposed of.