Supreme Court – Daily Orders
Guraditta @ Guru Singh vs The State Of Rajasthan on 6 March, 2025
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 2325/2014
GURADITTA @ GURU SINGH APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
1. We are hearing the matter for the second time after
having dismissed it on the last date of hearing, and
thereafter having recalled the said order of dismissal.
This is a case where the occurrence is stated to have
taken place way back in the year 2000. The appellant and
the co-accused had been convicted by the trial court for
the offences punishable under Sections 302/34 and 201/34
of the Indian Penal Code, 1860, and accordingly sentenced
to life imprisonment and fine. The High Court, vide the
impugned order, has confirmed the same. Both the Courts
have concurrently convicted the appellant taking into
consideration circumstantial evidence including the extra
Signature Not Verified
Digitally signed by
SWETA BALODI
Date: 2025.03.10
16:03:58 IST
Reason:
judicial confession made by the co-accused to PW-1, PW-2
and PW-3, the recovery of the body of the deceased as
2
established by PW-6, the recovery of the weapon used in
the commission of the offence, and the medical evidence.
In such view of the matter, we are not inclined to
interfere with the impugned order and thus reiterate the
view expressed by us on the earlier occasion.
2. Learned counsel appearing for the appellant submits that
the co-accused has been released under the policy
governing premature release of prisoners. The appellant
had undergone incarceration for nearly 13½ years and has
been on bail since 2016, vide order dated 25.07.2016. As
per the governing remission policy, the appellant will be
eligible to be considered for remission only after the
completion of 14 years of the sentence imposed on him.
The occurrence is of the year 2000. Therefore, this is a
fit case for Article 142 of the Constitution of India to
be invoked, by treating the incarceration undergone by
the appellant as 14 years and, thereafter, applying the
remission policy.
3. Learned counsel appearing for the respondent submits that
it is true that the co-accused has been released under
the applicable remission policy. However, the appellant,
not having undergone the requisite period of
incarceration, cannot be considered for remission, as per
the governing policy.
3
4. We are inclined to invoke Article 142 of the Constitution
of India, taking into consideration the facts and
circumstances of the present case. Admittedly, the
appellant has undergone more than 13 years of the
sentence imposed on him, and has been on bail since
almost 9 years. The occurrence is also of the year 2000.
5. In such view of the matter, we direct the respondent to
consider the case of the appellant as if he has completed
14 years of actual incarceration and accordingly, apply
the remission policy. Appropriate orders in this regard
shall be passed within a period of eight weeks from
today.
6. Until such time, the appellant need not surrender. We
make it clear that we are passing this order on the
peculiar facts of the case.
7. The appeal is disposed of, accordingly.
8. Pending application(s), if any, shall stand disposed of.
……………………………………………………J.
[M.M. SUNDRESH]
……………………………………………………J.
[K.V. VISWANATHAN]
NEW DELHI;
6th MARCH, 2025
4
ITEM NO.101 COURT NO.8 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 2325/2014
GURADITTA @ GURU SINGH Appellant(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
original record received
Date : 06-03-2025 This appeal was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Appellant(s) Mrs. Rachana Joshi Issar, AOR
Mr. Kaushalendra Dutt Pandey, Adv.
For Respondent(s) : Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)