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TMI Blog2021 (10) TMI 1446X X X X Extracts X X X X X X X X Extracts X X X X ..... , AOR, Mr. Vishal Meghwal, Adv., Mr.Milind Kumar, AOR, Mr. Nikhil Goel, AOR, Ms. Naveen Goel, Adv., Mr. Vinay Mathew, Adv., Mr. Rakesh Khanna, Sr. Adv., Ms. Nidhi, AOR (SCLSC), Ms. Suvarna S Ganu, Adv., Mr. Jaidip Pati, Adv., Mr. K.V. Jagdishvaran, Adv., Mrs. G. Indira, AOR, Ms. Haibila Nana, Adv. ORDER IA No. 103094/2021 - PERMISSION TO FILE APPLICATION FOR MODIFICATION OF COURT ORDER DATED 07.07.2021 Application for permission to file application for modification of order dated 07.07.2021 is allowed. IA No. 103097/2021 - APPLICATION SEEKING MODIFICATION OF ORDER DATED 07.07.2021 It appears that the SCLSC expresses its inability to perform what is required by order dated 07.07.2021 in direction No. (ii) at page 3 and seeks to submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, records were already available and in two cases, the convicts have been released while in one case the convict has died in custody. We may only say this is an important exercise as it brings forth the deficiencies, if any, to enable hearing in the matter and whether the matter is alive at all. It appears that in five cases the documents are yet to be received by the Registry. The indexing which has been done, the format has been submitted, which facilitates the hearing before the Court. We now turn to the 'leave granted' matters where the accused are in jail. What has been found is that in some cases, translated copies are available while in others, translations are still required to be done. It is also not known whether, with the passa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Amicus Curiae for drafting of the special leave petition. It is in the latter cases that a direction is sought for ensuring that the requisite papers are made available and the Registry is stated to have sent reminders to the Trial Court on 04.08.2021. If such records are not received by the end of November, 2021, it is prayed that the Registry should take up the matter with the learned Registrars General of each High Courts. We are in agreement with the aforesaid suggestions and order accordingly. There are also another category of matters where documents are awaited from the petitioners or some clarification is sought. The Registry is stated to have written letters to such petitioners in jail on 05.08.2021 and if suitable clari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, the information has been received only two days ago and thus NALSA would need some time to carry out the exercise. The State with the maximum problem, the State of UP does not seem to have responded. This is despite the fact that in a different petition we have carried out an exercise of 'life convict' cases pending in the High Court for long period of time and where large incarceration they have already undergone; for consideration of bail in case No. SLP(Crl.) No. 4633/2021 and connected matters which are now directed to be registered as a suo moto case in view of all those cases being remitted for consideration by the High Court at an early date on the pleas of bail. Mr. Gaurav Agrawal, may contact the Advocate General appearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt is that in 232 such cases fixed term sentences have been imposed ranging from 3 years to 20 years while the remaining 129 cases are life sentence cases. In fixed term sentences, the accused in some cases has undergone more than half the sentence, if not more, similarly in some life sentence cases, the accused has undergone custody for more than 10 years. The other High Court where this aspect has been explored is the Chhattisgarh High Court, more so, in the context of the reliance placed by Mr. Mohta on rule 149 of the High Court of Chhattisgarh as recorded in the Order dated 07.07.2021. It is in view thereof certain suggestions have been made and we have heard learned counsel for parties. We are in broad agreement with these suggestion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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