JOGI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises from a judgment of a Division Bench of the High Court of Madhya Pradesh dtd. 5/12/2018 in Criminal Appeal No 854 of 2008. The judgment of the High Court indicates that the appeal was filed by forty five persons against the judgment of the Additional Sessions Judge, Multai, District Betul dtd. 18/3/2008 in Sessions Trial No. 5 of 2005. The Special Leave Petition before this Court under Article 136 of the Constitution was instituted by thirty five petitioners, namely, Accused Nos.1,3, 5 to 8, 10, 12 to 14, 16 to 22, 24 to 25, 27, 29 to 30, 32 to 44.

(3.) On 5/4/2019, the Chamber Judge rejected the application for exemption from surrendering, but granted a period of four weeks to surrender and produce proof. On 29/7/2019, an extension of two weeks was granted to those of the petitioners who had not surrendered and filed proof of surrender, failing which the petition was to be dismissed, without referring the matter to the Court. On 14/10/2019, the Chamber Judge noted that Accused Nos.19, 24, 38 and 44 have not surrendered nor had they filed proof of surrender. The interlocutory application qua the above accused was dismissed. However, time was granted to Accused No 21 to surrender and produce proof of surrender within two weeks. Accused No 21 having failed to comply with the order, the Special Leave Petition was dismissed by a further order dtd. 3/2/2020 of the Chamber Judge.