State of M.P. vs Kishan and Another

Delay condoned.

So far as respondent No. 1 Shri Kishan son of Baxi Lal is concerned, it is pointed out that he has already under gone the sentence of imprisonment passed by the Trial Court which was 7 years RI. In the High Court, the appeal against the conviction was preferred by two accused persons. So far as Respondent No. 1 Shri Kishan is concerned, the High Court has noted in its judgment that his appeal stood withdrawn and, therefore, there was no decision in appeal insofar as accused Shri Kishan is concerned. In the SLP filed before this Court, he should not have been joined as respondent at all. The learned counsel for the State points out that it I san error by which this accused was impleaded as respondent in the special leave petition. As notices were issued in the SLP and further as respondent No. 1 was being served, this Court directed non-bailable warrants to be issued in execution whereof respondent No. 1 herein has been taken into custody. We direct the petition against respondent No. 1 Shri Kishan S/o Baxi Lal to be dismissed as wholly unwarranted. The NBW issued against him is recalled. Let respondent No. 1 Shri Kishan be released forthwith, if he is in custody.

As regards respondent No. 2, heard learned counsel for the parties. Orders reserved.