IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1255 OF 2003

   STATE OF PUNJAB                                Appellant (s)

                       VERSUS

JASBIR SINGH & ORS.                            Respondent(s)

O R D E R

State of Punjab has filed this appeal by special leave against the order dated

14.2.2002 passed by the High Court of Punjab.

2. The High Court rejected the application under Section 378(3) Cr.P.C. filed

by the State seeking permission to file an appeal against acquittal of the accused-

respondents by the Sessions Judge, Ludhiana in Sessions Trial No. 7 of 15.3.1999, by

the following order:-

“We have heard the  learned State  Counsel  and perused the Judgment of the Court below.  We do not find any discernible legal flaw in the same nor it is  based on misreading of  the  evidence  before  the  Court.  No  merit. Dismissed.”

This Court has in several cases held that the High Court while dealing with appeals

against acquittal and refusing leave to appeal,  should indicate the reasons for its

decision. In State of Rajasthan Vs. Sohan Lal & Ors., (2004) 5 SCC 573,  this  Court

held that refusal of permission and  

......2.

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rejection of appeal by a non-speaking order, similar to the order in this case, was an

order without reasons  Following the said decision, it has to be held that the High

Court has rejected the application under Section 378(3) Cr.P.C. without reasons.  

3. The appeal relates to an incident which occurred on 18.8.1998 and the State

had filed the appeal before the High Court in the year 2001 with an application under

Section 378(3) Cr.P.C..  In the facts and circumstances of the case and the nature of

the appeal, interests of justice require grant of leave sought under Section 378(3)

without expressing any views on merits, so that the appeal can be disposed of by the

High Court on merits.   

4. Accordingly, we allow this appeal and set aside the order dated 14.2.2002

passed  by  the  High  Court  and  grant  leave  to  appeal  sought  by  the  State.

Consequently,  the  High  Court  shall  entertain  the  appeal  and  dispose  it  of  in

accordance with law.

...................J. (R.V. RAVEENDRAN)     

...................J.          (P. SATHASIVAM)

NEW DELHI; JUNE 26, 2008.