NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S). 787/2018 (ARISING FROM SLP (CRL) NO. 4325/2018)

K.S. KALINGA RAYAN @ KALINGARAJU                   APPELLANT(S)

VERSUS

STATE REP. BY THE INSPECTOR OF POLICE              RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. Heard the learned counsel for the appellant and

the respondent.

3. In the nature of the order we propose to pass, it

is not necessary to go into the factual matrix at

this stage.  The appellant had filed Criminal Appeal

No.805/2011  before  the  High  Court  challenging  his

conviction  and  sentence  as  ordered  in  Special

Calendar Case No.1/2011 on the file of Special Court

for Prevention of Corruption, Coimbatore. Paragraph 6

of the impugned judgment reads as follows:-

“6. This case has been listed for final

disposal for the past two months on various

dates  but  the  counsel  appearing  for  the

appellant  had  taken  adjournment  on  one

reason or another.  As a last chance, case

is  posted  today  but  there  is  no

representation on behalf of the appellant.

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The Court has taken up the matter and pass

the  order  on  merits,  after  perusing  the

appeal papers and hearing the counsel for

the respondent.”

4. The  main  contention  of  the  learned  counsel  is

that  though  the  High  Court  discussed  the  entire

evidence of the prosecution, there is no discussion

on the defence evidence.  The appellant cannot blame

the High Court, since he failed to appear before the

High Court when the matter was taken up for hearing.

5. However, having regard to the entire facts and

circumstances of the case, we are of the view that it

is only in the interest of justice that the appellant

is given liberty to argue his case before the High

Court, subject to imposition of costs.

6. Accordingly, the impugned judgment of the High

Court is set aside and the appeal is allowed.

7. Criminal Appeal No.805/2011 on the file of the

High Court of Madras will stand revived for hearing

afresh.  The appellant will appear before the High

Court  on  12.06.2018  along  with  his  counsel.  We

request the High Court to hear the matter on that day

and dispose of the same as expeditiously as possible.

8. The appellant is directed to pay costs to the

tune  of  Rs.25,000/-  (Rupees  Twenty  Five  Thousand

only),  to the Deaf-and-Dumb School, Thanjavur, run

by the Government, which can be utilized for better

amenities to the children.

9. We make it clear that since we have set aside the

judgment, the interim order of suspension granted by

the  High  Court  at  the  time  of  admission  of  the

criminal appeal will stand revived and would continue

to operate till the appeal is disposed of by the High

Court.

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10. Pending  applications,  if  any,  shall  stand

disposed of.

.......................J.            [KURIAN JOSEPH]  

.......................J.            [MOHAN M. SHANTANAGOUDAR]  

NEW DELHI; MAY 18, 2018.

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