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Supreme Court of India 2019-07-23 remanded

Shankar vs State of Maharashtra

Bench: 2 — R. Banumathi

In Brief

A man convicted of murder (under IPC s. 302) appealed his life sentence in the High Court but did not appear. The High Court dismissed the appeal anyway, without hearing him or his counsel. The Supreme Court held this violated procedural fairness. The Court ruled that when an accused appeals a conviction, the appellate court must hear the accused or his lawyer before deciding the case on merits. If the accused is unrepresented, the court must appoint a lawyer or amicus curiae. The Court set aside the High Court's judgment, remanded the appeal, and suspended the sentence pending reconsideration in accordance with proper procedure.">

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Criminal Procedure Appellate Law Due Process Criminal Conviction

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