AMBADAS LAXMAN SHINDE AND ORS. versus THE STATE OF MAHARASHTRA

AMBADAS LAXMAN SHINDE AND ORS. versus THE STATE OF MAHARASHTRA

Judgment imposing death sentence on accused 3, 5 and 6 must be recalled; the judgment regarding accused 1, 2 and 4 is also recalled as appeals are interlinked, evidence is common, and offenses relate to the same incident. All six accused must have a fair opportunity to be heard with proper representation.

Source-derived case information.

Parties
Petitioner: Ambadas Laxman Shinde and Ors.; Respondent: The State of Maharashtra
Jurisdiction
India
Judgment Date
31 October 2018
Procedural Posture
Review Petition (criminal) Nos. 18 19 of 2011 and Nos. 34 35 of 2010 / Supreme Court Review/reopening of Review Petitions
Outcome
Review petitions allowed; orders dismissing review petitions and judgment dated 30 April 2009 recalled.
Legal Topics
Review Petition, Death Penalty, Right to Counsel, Enhancement of Sentence, Procedural Fairness
Criminal Law Sentencing Review Petition Death Penalty Right to Counsel Enhancement of Sentence Procedural Fairness

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Parties

Ambadas Laxman Shinde and Ors.

Petitioner

The State of Maharashtra

Respondent

Procedural Posture

Review Petition (criminal) Nos. 18 19 of 2011 and Nos. 34 35 of 2010 / Supreme Court Review/reopening of Review Petitions

Legal Issues

  1. 1 Whether judgment imposing death sentence on accused 3, 5 and 6 should be recalled due to lack of opportunity to be heard and engage counsel
  2. 2 Whether judgment as regards accused 1, 2 and 4 should also be recalled as appeals are interlinked

Ratio Decidendi

Judgment imposing death sentence on accused 3, 5 and 6 must be recalled; the judgment regarding accused 1, 2 and 4 is also recalled as appeals are interlinked, evidence is common, and offenses relate to the same incident. All six accused must have a fair opportunity to be heard with proper representation.

Court Disposition

Review petitions allowed; orders dismissing review petitions and judgment dated 30 April 2009 recalled.

Orders

  • Orders dismissing review petitions are recalled.
  • Judgment dated 30 April 2009 in Criminal Appeal Nos. 1008-09 of 2007 and Nos. 881-882 of 2009 is recalled.