TMI Blog2013 (1) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... oner was not heard on merits as the petitioner was confined in Central Jail, Jalandhar, therefore, the impugned order is liable to be set aside relying on Md. Sukur Ali vs. State of Assam (2011 (2) TMI 514 - SUPREME COURT OF INDIA) wherein held that in the absence of a counsel, for whatever reasons, the case should not be decided forthwith against the accused but in such a situation the Court shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.02.2005 passed by the learned Chief Judicial Magistrate, Jalandhar, vide which the petitioners have been convicted for an offence punishable under Section 277 of the Income Tax Act and petitioner no.1 was imposed penalty of Rs.4000/- and petitioner no.2 was sentenced to undergo rigorous imprisonment for a period of six months and pay a fine of Rs.1000/-. In default, to further undergo imprison ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the accused but in such a situation the Court should appoint a counsel who is practising on the criminal side as amicus curiae and decide the case after fixing another date and hearing him. In view of the above, the order of Additional Sessions Judge dated 28.11.2005 is set aside and the case is remanded to the learned Lower Appellate Court for fresh decision by following the principles ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
