CRLA/78/2008
2022 Latest Caselaw 3552 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                     COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               CRLA No.78 of 2008
                               With
                               CRJA No.43 of 2008
                               Shri S.K. Mishra, J.

Shri Alok Kumar Verma, J.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

The matter of Bablu Kothari @ Balbir (CRJA No.43 of 2008) is remanded by the Hon'ble Supreme Court vide judgment dated 02.09.2022 with the request to dispose of the case as expeditiously as possible, and, in case, the appellant is not represented, a defence counsel be appointed by the State.

Two persons, namely, Rajendra and Bablu Kothari @ Balbir were convicted by the learned Sessions Judge, Dehradun in Sessions Trial No.57 of 2007. Though it is not very clear, but it appears that two appeals were filed by Rajendra and Bablu Kothari @ Balbir, bearing CRLA No.78 of 2008 and CRJA No.43 of 2008 respectively. Both the appeals were dismissed by the Co-ordinate Bench of this Court as per the judgment dated 24.08.2011. Thereafter, only Bablu Kothari @ Balbir preferred an appeal before the Hon'ble Supreme Court, which was registered as Criminal Appeal No.300 of 2013, and the same was disposed of on 02.09.2022. While allowing the appeal, the Hon'ble Supreme Court has set-aside the judgment dated 24.08.2011 passed by the Co-ordinate Bench of this High Court.

Therefore, in our considered opinion, both the appellants, namely, Rajendra and Bablu Kothari @ Balbir are to be heard together. As far as Bablu Kothari @ Balbir is concerned, he was being represented by Mr. Diwakar Chamoli, Advocate, appointed as Amicus Curiae on behalf of the appellant by this Court. However, it is stated at the bar that he was not practicing any more in this High Court.

None is appearing on behalf of the appellant - Rajendra.

As observed earlier, the Hon'ble Supreme Court has directed also to appoint a defence counsel as provided under Section 304 of Code of Criminal Procedure.

In that view of the matter, we hereby appoint Mr. Harshpal Sekhon, Advocate, who has sufficient practice in the criminal side in this High Court, as Amicus Curiae on behalf of both the appellants, namely, Rajendra and Bablu Kothari @ Balbir.

Mr. J.S. Virk, learned Deputy Advocate General would also submit that he does not have any paper with him.

Hence, the Registry is directed to prepare two extra set of paper books within seven days and to prepare the copies of the order-sheets in both the appeals i.e. CRLA No.78 of 2008 and CRJA No.43 of 2008 and provide the same along with the copies of the judgment passed by the Hon'ble Supreme Court as well as the first dismissal order passed by the Co-ordinate Bench of this High Court on 24.08.2011.

List these appeals on 23.11.2022 after fresh cases.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 09.11.2022

JKJ/Pant