VidhiSangh

Supreme Court of India · 16/03/2026

BHOLA MAHTO versus THE STATE OF JHARKHAND

[2026] 4 S.C.R. 191 · 2026 INSC 257

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Summary

A convict who was on bail heard nothing of his criminal appeal for two decades. When it was finally listed, the High Court appointed an amicus because his counsel was absent and altered his murder conviction to one under Section 304 Part II IPC. The Supreme Court refused to let him raise unargued grounds for the first time, but held that he should have been notified of the amicus's appointment. It remanded the appeal for a fresh hearing, restored his bail, and suggested a notice procedure for future cases where an amicus is appointed for an absent convict.

Issues

  1. Whether a convict can urge in the Supreme Court grounds from his memorandum of appeal that were not pressed before the High Court by the amicus appointed in his counsel's absence.
  2. Whether the High Court's failure to inform the convict of his counsel's absence and the amicus's appointment warranted remand.
  3. What procedure appellate courts should follow when appointing an amicus for a convict whose counsel is absent.

Provisions considered

Held

Result

Appeal partly allowed. The High Court's order was set aside and the criminal appeal restored for a fresh hearing on all points, with the appellant released on bail on terms to be imposed by the trial court pending its disposal.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 191.