VidhiSangh

Supreme Court of India · 31/10/2018

AMBADAS LAXMAN SHINDE AND ORS. versus THE STATE OF MAHARASHTRA

[2018] 13 S.C.R. 1188 · 2018 INSC 1023

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court recalled its common judgment imposing or confirming death sentences on six accused and restored the appeals for fresh hearing. Three accused facing enhancement had no effective opportunity to engage counsel or defend the State’s appeals; an amicus was appointed and heard on the day judgment was reserved. Because the appeals shared the same incident and evidence, fairness required recall for all six. The decision reopened the appeals without determining guilt or sentence afresh.

Issues

  1. Whether the hearing afforded the accused facing enhancement to death was adequate.
  2. Whether recall should extend to all six accused in the interlinked appeals.
  3. What procedural protections should govern rehearing.

Held

Result

Review petitions allowed. Review dismissals and common judgment dated 30 April 2009 recalled; appeals restored for fresh hearing with the stated liberty, suspension of execution and record-production directions.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1188.