Case Brief: Basisth Roy & Ors. Vs. State of Bihar

Deciding Authority: Supreme Court of India
Date of Judgement: 6th February, 2003
Bench: Justice N Santosh Hegde & Justice B P Singh.
Facts of the Case: The eleven accused whose appeal before the High Court of Judicature at Patna came to be dismissed, have preferred the special leave petition before this Court from which this appeal arises. On 7.12.2001, this Court dismissed the appeal of Kamala Roy, petitioner No.6 in the said SLP since he did not surrender before preferring the SLP. This Court granted leave to appeal in regard to the other 10 appellants, hence, this appeal is now confined to the said 10 appellants only.
Judgement of the Case: However, learned counsel for the appellants relying on the judgment of this Court in Dandu Lakshmi Reddy v. State of A.P. (1999 (7) SCC 69), Raja Ram & Ors. v. State of M.P. (1994 (2) SCC 568), Akhil Ali Jehangir Ali Sayyed v. State of Maharashtra (2002 (2) JT SC 158) and Harbans Singh v. State of U.P. & Ors. (1982 (2) SCC 101) contends that since we are allowing the appeal of these appellants on the ground that there is no material against any accused except the deceased accused Govind Rai and convicted accused Sahai Lohar, the benefit of the same should also go to Kamala Roy whose appeal has been dismissed at the stage of SLP for his non-surrender. We do not think on facts of this case at this stage, we should extend that benefit to the said accused Kamala Roy, leaving open such remedy as is available to him in law, we reject this request at this stage. Accordingly, the appeal of the appellants stands allowed before the Supreme Court.