Crl.A. 395 of 2005 1

 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  395  OF 2005

 K.V. CHACKO   ..... APPELLANT

VERSUS

STATE OF KERALA   ..... RESPONDENT

O R D E R

1. The High Court had decided several issues in this  

matter but had primarily declined to grant leave to the  

appellant on the ground that as the three sentences imposed  

on the appellant had not been remitted or commuted by the  

State Government any relief under Section 427 or 428 of the  

Code of Criminal Procedure would be academic at this stage.  

We  also  notice  that  in  the  three  cases  in  which  the  

appellant had been convicted for murder, the three special  

leave  petitions  had  been  filed  in  this  Court  had  been  

dismissed in limine.   

2. The learned counsel for the appellant has, however,  

pointed out that in the light of the specific provisions of  

Sections 422 and 428 of Cr.P.C., the directions of the  

Sessions Judge that the sentences imposed for the three

Crl.A. 395 of 2005 2

murders would run to life and in case they were remitted or  

commuted they would thereafter run consecutively, was not  

called for.

3. The  learned  counsel  for  the  respondent-State  has,  

however, pointed out that as the appeals in the criminal  

matters had attained finality up to this Court, it would be  

improper for this Court to interfere.   Be that as it may,  

we are not inclined to grant leave to the appellant at this  

stage  for  the  simple  reason  that  no  commutation  or  

remission in the sentence has so far been ordered by the  

State Government.  However, in the light of the issues that  

have  been  raised  by  the  appellant,  we  direct  in  the  

interest  of  justice,  that  in  case  the  State  Government  

passes orders in the aforesaid terms, the appellant would  

be at liberty to approach the High Court yet again and the  

High  Court  would  consider  the  application  de  hors  the  

impugned order and on its own merit.

4. The  fees  of  the  learned  Amicus  is  fixed  at  

Rs.7,000/-.

   ......................J  [HARJIT SINGH BEDI]

......................J    [J.M. PANCHAL]

Crl.A. 395 of 2005 3

NEW DELHI APRIL 07, 2010.