Kerala High Court
Bhagavat Singh @ Bheem Sing vs State Of Kerala on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
CRL.A NO.1552 OF 2019
SC 107/2014 OF ADDITIONAL DISTRICT & SESSIONS COURT - IV, PATHANAMTHITTA
APPELLANT/ACCUSED:
BHAGAVAT SINGH @ BHEEM SING,
S/O. DOOJ BEHADUR SING, KAILASA GRAMAM,
CHAIMPUR POLICE BOARDER, NEPAL, BAJAMAGE,
NOW IN CUSTODY AS CONVICT NO.4170, CENTRAL PRISON, VIVOOR.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
This Criminal appeal coming on for orders upon perusing the appeal
and this Court's orders dated 10/02/2023 & 28/02/2023 and upon hearing
the arguments of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O.
ALEXANDER THOMAS & C. S. SUDHA, JJ.
============================================
Crl. Appeal No. 1552 of 2019
(arising out of the impugned judgment dated 30.4.2018 in S.C. No. 107/2014
on the file of the Addl. District and Sessions Court-IV, Pathanamthitta)
============================================
Dated this the 13th day of March, 2023
ORDER
Read this order in continuation of the previous orders passed
by this Court on 10.2.2023 & 28.2.2023.
2. Paras 2 & 3 of the order dated 28.2.2023 passed by this Court
in this Appeal read as follows:
"2. Today, when the matter has been taken up for consideration,
Smt.Rajatha P. Jacob, learned counsel appearing for the sole
appellant/A1 would submit that she is relinquishing her vakalath for
appearance on behalf of the applicant/appellant herein and that short
time may be granted to her to send a registered letter / notice to the
appellant who is now in jail and also to formally file a relinquishment
memo before the Registry. Time granted for the above purpose.
3. In view of the above aspect, the Registry will intimate the jail
Superintendent of the Central Prison, Viyyur, Thrissur, where the
applicant/A1 is now detained that the counsel for the appellant has
submitted before this Court that she is relinquishing appearance in this
case so that the appellant will get opportunity to engage another
counsel of his choice. The jail Superintendent may also inform the
appellant that if he is so interested, then this Court can direct the
Registry and High Court Legal Services Committee to appoint a State
brief counsel for him. Learned Prosecutor will ensure that a copy of this
order is communicated to the jail superintendent concerned and shall
also communicate this matter to the jail superintendent and may
apprise this Court about the subsequent devel0pments in this case so
that in case the appellant wants a State brief counsel, arrangements in
that regard to be made by this Court. As of now, there is no formal
application for suspension of impugned sentence filed on behalf of the
appellant. The consideration of the said plea will have to await till such
a formal application is filed."
Crl. Appeal No. 1552 of 2019
- : 2 :-
3. Today, the Registry has made available a copy of letter
dated 8.3.2023, submitted by the Superintendent, Central Prison,
Viyyur, Thrissur, addressed to the Registry of this Court, wherein a
letter dated 8.3.2023 of the appellant/convict has also been
enclosed therewith. The Superintendent has informed that the
appellant/convict is willing to secure the services of a State Brief
counsel to defend his case, as his previous counsel has already
relinquished appearance.
4. The Registry will appoint an experienced State Brief
counsel to appear on behalf of the appellant in this case. The name of
the State Brief counsel, address, mobile number, etc., should be duly
communicated by the Registry to the Superintendent, Central Prison,
Viyyur, Thrissur, so that the Superintendent of Prison can, in turn,
intimate the same to the appellant/convict.
5. The Registry will immediately apprise this Court as to the
name of the State Brief counsel appointed in this case, so that the said
counsel can be alerted about the request of the appellant for filing of a
Crl. Appeal No. 1552 of 2019
- : 3 :-
Criminal Miscellaneous Application for suspension of sentence
involved in this case.
List on 28.3.2023.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C. S. SUDHA, JUDGE
MMG
13-03-2023 /True Copy/ Assistant Registrar
