K.V.CHACKO vs. STATE OF KERALA

Crl.A. 395 of 2005 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 395 OF 2005 K.V. CHACKO ..... APPELLANT VERSUS STATE OF KERALA ..... RESPONDENT O R D E R 1. The High Court had decided several issues in this matter but had primarily declined to grant leave to the appellant on the ground that as the three sentences imposed on the appellant had not been remitted or commuted by the State Government any relief under Section 427 or 428 of the Code of Criminal Procedure would be academic at this stage. We also notice that in the three cases in which the appellant had been convicted for murder, the three special leave petitions had been filed in this Court had been dismissed in limine. 2. The learned counsel for the appellant has, however, pointed out that in the light of the specific provisions of Sections 422 and 428 of Cr.P.C., the directions of the Sessions Judge that the sentences imposed for the three Crl.A. 395 of 2005 2 murders would run to life and in case they were remitted or commuted they would thereafter run consecutively, was not called for. 3. The learned counsel for the respondent-State has, however, pointed out that as the appeals in the criminal matters had attained finality up to this Court, it would be improper for this Court to interfere. Be that as it may, we are not inclined to grant leave to the appellant at this stage for the simple reason that no commutation or remission in the sentence has so far been ordered by the State Government. However, in the light of the issues that have been raised by the appellant, we direct in the interest of justice, that in case the State Government passes orders in the aforesaid terms, the appellant would be at liberty to approach the High Court yet again and the High Court would consider the application de hors the impugned order and on its own merit. 4. The fees of the learned Amicus is fixed at Rs.7,000/-. ......................J [HARJIT SINGH BEDI] ......................J [J.M. PANCHAL] Crl.A. 395 of 2005 3 NEW DELHI APRIL 07, 2010.