9911796707
TMI Blog2014 (5) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... tedly, the order was dictated in the court, but had not been signed. - it is evident that a Judge’s responsibility is very heavy, particularly, in a case where a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture. Therefore, one cannot assume, that the Judge would not have changed his mind before the judgment become final - Decided against assessee. - Special Leave Petition (Crl.) No. 453 of 2014 - - - Dated:- 6-5-2014 - Dr. B. S. Chauhan, J. Chelameswar And M. Y. Eqbal,JJ. ORDER 1. This petition has been filed against the interim order dated 27.12.2013, passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.2012 of 2006. 2. Facts and circumstances giving rise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 5.9.2005 and the petitioners were found guilty for the offence punishable under Section 222 IPC vide judgment and order dated 9.11.2006 and the petitioner no.1 was awarded 3 years RI and a fine of Rs.5,000/- and in default thereto, to undergo simple imprisonment for one year. Petitioner nos.2 and 3 were convicted under Section 222 IPC but they had been awarded the sentence for a period of two years each and a fine of Rs.2,000/-each, and in default thereto, to undergo simple imprisonment for six months. D. Aggrieved, the petitioners preferred Criminal Appeal No.2012 of 2006 before the High Court of Gujarat and during the pendency of the appeal, the petitioners had been enlarged on bail vide order dated 22.11.2006. The appeal was final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in the court, but had not been signed. 5. In Mohan Singh v. King-Emperor 1943 ILR (Pat) 28, a similar issue was examined wherein the facts had been that the judgment was delivered by the High Court holding that the trial was without jurisdiction and a direction was issued to release the appellant therein. However, before the judgment could be typed and signed the court discovered that the copy of the notification which had been relied upon was an accurate copy and that the Special Judge had jurisdiction in respect of the offence under which the appellant therein had been convicted. Thereupon, the order directing the release of the accused was recalled and the appeal was directed to be heard de novo. When the matter came up for re-he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been signed beforehand, it is nothing but a draft till formally delivered as the judgment of the Court. Only then does it crystallise into a full fledged judgment and become operative. It follows that the Judge who delivers the judgment, or causes it to be delivered by a brother Judge, must be in existence as a member of the Court at the moment of delivery so that he can, if necessary, stop delivery and say that he has changed his mind. There is no need for him to be physically present in court but he must be in existence as a member of the Court and be in a position to stop delivery and effect an alteration should there be any last minute change of mind on his part. If he hands in a draft and signs it and indicates that he intends ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 10. In Iqbal Ismail Sodawala v. The State of Maharashtra Ors., AIR 1974 SC 1880, the judgment in Surendra Singh (supra) referred to hereinabove was considered in this case. In that case, criminal appeal was heard by the Division Bench of the High Court, the judgment was signed by both of them but it was delivered in court by one of them after the death of the other. It was held that there was no valid judgment and the case should be re-heard. This Court took the view that the judgment is the final decision of the court intimated to the parties and the world at large. 11. In view of the above, we are of the considered opinion that no exception can be taken to the procedure adopted by the High Court in the instant case. 12. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
