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Supreme Court of India 2026-03-16 partly_allowed

Bhola Mahto vs State of Jharkhand

Bench: 2 — Dipankar Datta, Satish Chandra Sharma

In Brief

A man convicted of murder in 2002 appealed to the High Court in 2003, but his appeal remained pending without hearing for over 20 years. When finally heard in 2024 without his counsel present, the High Court appointed an amicus curiae (court-appointed lawyer) who argued the case differently from the appellant's grounds. The High Court modified the conviction from murder to culpable homicide and reduced the sentence. The Supreme Court set aside this decision, holding that the appellant had a right to fair representation and proper notice. The Court remanded the case for a fresh hearing before the High Court, emphasizing that expeditious justice cannot come at the cost of fairness and the accused's right to be heard through chosen counsel.

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Criminal Procedure Appellate Justice Right to Fair Trial Appointment of Amicus Curiae Delay in Justice Murder and Culpable Homicide Legal Aid Due Process

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