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The Supreme Court had recently set aside the order of Madras High Court. The Madras High Court had dismissed a criminal appeal against the order of conviction for default.
The bench comprising Justices Rohinton Fali Nariman, Navin Sinha, and BR Gavai had agreed with the argument submitted by the counsels which relied on the decisions of the Supreme Court in K. S. Panduranga V. State of Karnataka (2013) 3 SCC 721. It said that an appeal against the order of conviction cannot be dismissed in default but it must be taken up and it must be decided on merit, even if the counsel for the appellant is not present.
Even though the counsel for the bench did not appear, the bench taking into consideration of the order laid down in the above-cited case, SC set aside the order of the Madras HC and ordered the matter to be disposed of on merit.
The court, taking note that the accused has been jailed for a period of almost 11 years, also granted him bail as per the satisfaction of the Trial Court.
In KS Panduranga V. State of Karnataka, the SC bench comprising Justice Dipak Misra and Justice KS Radhakrishnan, they summarized the principles laid down in bani Singh and others V. State of Uttar Pradesh 1996, SCC(4) 720, as follows:
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