JASBIR SINGH Vs. STATE OF PUNJAB
LAWS(SC)-2006-10-56
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on October 11,2006

JASBIR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

HARI SHANKAR VERMA VS. SHYAM SUNDARI DEVI [LAWS(ALL)-2014-11-35] [REFERRED TO]
MOTIRAM VS. OM PRAKASH BHARADWAJ [LAWS(ALL)-2013-5-419] [REFERRED TO]
KAVITA DHANAK AND ANR. VS. DINESH KUMAR GUPTA AND ORS. [LAWS(ALL)-2012-8-278] [REFERRED TO]
ABDUL RAHMAN (DECEASED BY LRS.) VS. DISTRICT JUDGE, HAMIRPUR (MAHOBA) [LAWS(ALL)-2012-10-222] [REFERRED TO]
SUKHVIRI DEVI VS. ADDITIONAL DISTRICT JUDGE AND OTHERS [LAWS(ALL)-2012-10-281] [REFERRED TO]
AJAI KUMAR GARG AND OTHERS VS. VITH A.D.J., BAREILLY AND OTHERS [LAWS(ALL)-2012-11-202] [REFERRED TO]
PREMGIRI VS. STATE OF U P [LAWS(ALL)-2019-9-134] [REFERRED TO]
GULAB AND 6 OTHERS VS. SATYA NARAYAN AND 2 OTHERS [LAWS(ALL)-2017-12-347] [REFERRED TO]
NARSINGH VS. SHIV SARAN SINGH [LAWS(ALL)-2017-11-367] [REFERRED TO]
SUNIL KUMAR TIWARI VS. OM PRAKASH TIWARI AND 2 OTHERS [LAWS(ALL)-2017-10-167] [REFERRED TO]
HARI KRISHNA SRIVASTAVA VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2017-10-215] [REFERRED TO]
HAROON KHAN AND 2 OTHERS VS. NAZREEN KHATOON AND ANOTHER [LAWS(ALL)-2017-10-282] [REFERRED TO]
ADIL GAFFAR BEIGH VS. STATE OF J&K AND ORS. [LAWS(J&K)-2016-3-59] [REFERRED TO]
JITENDRA KUMAR AGARWAL VS. VISHNU CHANDRA MODI AND ORS. [LAWS(JHAR)-2018-3-102] [REFERRED TO]
MANIKANDAN VS. P.PALANI [LAWS(MAD)-2020-3-62] [REFERRED TO]
AG VS. SHIV KUMAR YADAV [LAWS(SC)-2015-9-30] [REFERRED TO]
TGN KUMAR VS. STATE OF KERALA [LAWS(SC)-2011-1-97] [REFERRED TO]
STATE OF PUNJAB VS. DAVINDER PAL SINGH BHULLAR [LAWS(SC)-2011-12-10] [REFERRED TO]
HIGH COURT BAR ASSOCIATION VS. HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND ORS. [LAWS(ALL)-2015-7-85] [REFERRED TO]
CHIRAUNJI LAL GUPTA VS. M/S. PRAKASH CHANDRA ANIL KUMAR AND 9 OTHERS [LAWS(ALL)-2017-10-104] [REFERRED TO]
SONALI SAKSENA VS. MUKESH KUMAR VERMA AND 6 OTHERS [LAWS(ALL)-2017-12-307] [REFERRED TO]
HARI GOVIND LAL SRIVASTAVA VS. SARASWATI DEVI [LAWS(ALL)-2018-8-274] [REFERRED TO]
MANZOOR ALAM VS. SAIYAD MAHMOOD ALI [LAWS(ALL)-2018-1-197] [REFERRED TO]
ANIL KUMAR VS. XIITH A.D.J., BULANDSHAHR AND OTHERS [LAWS(ALL)-2012-11-194] [REFERRED TO]
USHA RANI VS. URMILA GUPTA [LAWS(ALL)-2012-8-95] [REFERRED TO]
PROF. SALAHUDDIN QURESHI VS. SMT. NASIM AIJAZ [LAWS(ALL)-2012-8-289] [REFERRED TO]
GOPAL YADAV VS. GULAB CHAND SHARMA [LAWS(ALL)-2014-7-388] [REFERRED TO]
SYED MAHFOOZUL HASNAIN VS. SHAHJAHAN [LAWS(ALL)-2014-8-424] [REFERRED TO]
PANDIT JAGDISH NARAIN MISHRA HIGHER SECONDARY SCHOOL BHARWARI DIST KAUSHAMBI VS. STATE OF U P [LAWS(ALL)-2007-11-42] [REFERRED TO]
YUDHVEER ALIAS BATA VS. STATE OF U P [LAWS(ALL)-2008-7-150] [REFERRED TO]
STATE OF J&K & ORS. VS. J.S. MODI [LAWS(J&K)-2016-3-50] [REFERRED TO]
R. MUTHUKRISHNAN VS. R. MALLIKA AND ORS. [LAWS(MAD)-2016-4-136] [REFERRED TO]
M NARASIMHA PRASAD VS. REGISTRAR GENERAL HIGH COURT OF KARNATAKA [LAWS(KAR)-2019-8-5] [REFERRED TO]
NEETHU JAGDISH VS. MANUMOHAN MANI [LAWS(KER)-2023-4-95] [REFERRED TO]
SYED MOHAMMAD ABBAS S/O SYED ALEY IMAM VS. BIBI SAJDA KHATOON W/O LATE SYED ABDUL MAJEED [LAWS(PAT)-2016-7-214] [REFERRED TO]
RAJESH SINGHAL VS. SATYAPAL VERMA [LAWS(RAJ)-2013-1-118] [REFERRED TO]
REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI VS. PRINCIPAL SECRETARY, GOVERNMENT OF TAMIL NADU & OTHERS [LAWS(MAD)-2015-3-700] [REFERRED]
P P BUILDCON PVT LTD VS. CHIEF CONTROLLING REVENUE AUTHORITY [LAWS(ALL)-2014-4-228] [REFERRED TO]
RAM SHANKER VS. RAM NARAIN [LAWS(ALL)-2014-4-320] [REFERRED TO]
DIVISIONAL MANAGER, B.S.N.L. LTD VS. APPELLATE AUTHORITY/ DY.TRANSPORT COMMISSIONER [LAWS(ALL)-2014-5-118] [REFERRED TO]
SHIV SHANKER LAL VS. COMMISSIONER AND ORS. [LAWS(ALL)-2012-8-273] [REFERRED TO]
JAGDISH PRASAD VS. PITAMBARA GUPTA [LAWS(ALL)-2013-1-481] [REFERRED TO]
MISHRI LAL KARAK VS. DINESH CHANDRA AGARWAL [LAWS(ALL)-2012-10-100] [REFERRED TO]
SATENDRA PAL SINGH VS. DWARIKA DAS [LAWS(ALL)-2012-11-59] [REFERRED TO]
SAROJ KUMAR VS. SURESH CHANDRA [LAWS(ALL)-2012-12-112] [REFERRED TO]
BASANTA AND OTHERS VS. DEPUTY DIRECTOR OF CONSOLIDATION, MEERUT AND OTHERS [LAWS(ALL)-2016-5-430] [REFERRED]
VRANDAVAN VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-10-294] [REFERRED TO]
GUL MOHAMMAD AND ANOTHER VS. GAON SABHA AND ANOTHER [LAWS(ALL)-2017-11-406] [REFERRED TO]
MOHAMMAD YASEEN VS. DISTRICT JUDGE, MAHOBA AND 7 OTHERS [LAWS(ALL)-2017-11-413] [REFERRED TO]
SARDAR AHMAD (SINCE DECEASED AND SUBSTITUTED BY LRS ) & ORS VS. ADDITIONAL COMMISSIONER, MEERUT DIVISION & ORS [LAWS(ALL)-2019-3-183] [REFERRED TO]
RAKSHIT NATWARLAL PATEL VS. TUSHAR NATWARLAL PATEL [LAWS(GJH)-2015-9-238] [REFERRED]
DEEPAK APPARELS PVT. LTD. AND ORS. VS. CITY UNION BANK LTD. AND ORS. [LAWS(KAR)-2016-3-110] [REFERRED TO]
SUPERINTENDING ENGINEER (O&M) MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITRAN CO. & ORS VS. NATIONAL STEEL AND AGRO INDUSTRIE LTD. [LAWS(MPH)-2020-5-643] [REFERRED TO]
PASCHIM KSHETRA VIDYUT VITRAN CO. VS. NATIONAL STEEL AND AGRO INDUSTRIE LTD. [LAWS(MPH)-2020-5-147] [REFERRED TO]
AMIT KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2014-3-42] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. ELEPHANT G. RAJENDRAN [LAWS(MAD)-2023-11-88] [REFERRED TO]
MAYA DIXIT VS. STATE OF UP [LAWS(ALL)-2010-9-113] [REFERRED TO]
SAFIULLAH @ MOHD. SAFI VS. A.D.J., COURT NO. 4, DEORIA AND OTHERS [LAWS(ALL)-2012-8-269] [REFERRED TO]
MOOL KUMAR JAISWAL VS. VIIITH ADDITIONAL DISTRICT JUDGE AND ORS. [LAWS(ALL)-2012-8-293] [REFERRED TO]
PRABHA RANI VS. ALIGARH SARRAFA COMMITTEE SARRAFA BAZAAR AND ANOTHER [LAWS(ALL)-2013-1-449] [REFERRED TO]
OM PRAKASH AGARWAL VS. LACCHI RAM [LAWS(ALL)-2021-3-91] [REFERRED TO]
MAHESH PAL VS. STATE OF U.P. [LAWS(ALL)-2019-12-239] [REFERRED TO]
ANNAD KUMAR VS. DINESH KUMAR [LAWS(ALL)-2017-8-39] [REFERRED TO]
SUNNY MOHAN VS. CHIEF JUDICIAL MAGISTRATE, BULAND SHAHAR AND ANOTHER [LAWS(ALL)-2017-12-285] [REFERRED TO]
ONKAR AND ANOTHER VS. PRAKASH CHANDRA AND 2 OTHERS [LAWS(ALL)-2017-11-451] [REFERRED TO]
RANDHIRSINH DIPSINH PARMAR VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2007-11-36] [REFERRED]
RELIANCE GAS TRANSPORTATION INFRASTRUCTURE LIMITED VS. PETROLEUM AND NATURAL GAS REGULATORY BOARD [LAWS(APTE)-2015-4-21] [REFERRED TO]
ANIL K. AGGARWAL VS. UNION OF INDIA [LAWS(DLH)-2014-11-10] [REFERRED TO]
AKHILESHWAR KUMAR PATHAK VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-134] [REFERRED]
STATE OF UP VS. NEERAJ CHAUBEY [LAWS(SC)-2010-9-2] [REFERRED TO]
ICHHASHANKAR VS. STATE OF M. P. [LAWS(MPH)-2022-2-233] [REFERRED TO]
RANJIT KUMAR BORAH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2022-4-21] [REFERRED TO]
KEDAR NATH VS. KISHAN THARU [LAWS(DLH)-2010-4-35] [REFERRED TO]
LAXMI KANT BHATNAGAR VS. DISTRICT JUDGE, MUZAFFARNAGAR [LAWS(ALL)-2012-11-25] [REFERRED TO]
NAZAMA HASHMI VS. JAMAL AHMAD KHAN [LAWS(ALL)-2012-11-94] [REFERRED TO]
JALIL AHMED (D) THROUGH L.RS. VS. XVITH ADDITIONAL DISTRICT JUDGE AND OTHERS [LAWS(ALL)-2012-7-357] [REFERRED TO]
SHYAM LAL JAIN VS. ROHIT KUMAR JAIN [LAWS(ALL)-2012-9-273] [REFERRED TO]
KAILASH NATH VS. XTH ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2013-1-195] [REFERRED TO]
SUNDER LAL TIWARI VS. PRAMOD KUMAR DIXIT [LAWS(ALL)-2013-1-272] [REFERRED TO]
HARI BHAGWAN AGARWAL VS. KASIM ALI KHAN [LAWS(ALL)-2013-1-469] [REFERRED TO]
SUNIL KUMAR VS. DISTRICT & SESSIONS JUDGE, BALRAMPUR [LAWS(ALL)-2013-10-40] [REFERRED TO]
SAGWA SINGH TYAGI VS. ADDITIONAL DISTRICT JUDGE, AND 6 OTHERS [LAWS(ALL)-2014-11-424] [REFERRED]
NILMONI MUKHERJEE VS. ASIM KUMAR CHATTOPADHYAY [LAWS(CAL)-2008-3-81] [REFERRED TO]
GOPI CHANDRA VS. SHIV CHARAN GIRI [LAWS(ALL)-2018-9-209] [REFERRED TO]
RUDRA PRATAP SHUKLA VS. D D C & OTHERS [LAWS(ALL)-2018-10-34] [REFERRED TO]
SHIV KUMAR JAISWAL VS. VIJAY PAL [LAWS(ALL)-2017-10-300] [REFERRED TO]
SHAYESTA KHAN & ANOTHER VS. STATE OF U P & OTHERS [LAWS(ALL)-2016-7-180] [REFERRED]
JAGVEER VS. STATE OF U.P. [LAWS(ALL)-2022-6-51] [REFERRED TO]
CONSERVATION ASSISTANT, GINGEE FORT ARCHAEOLOGICAL SURVEY OF INDIA VS. RAMACHANDIRA RAMANUJA DASAR [LAWS(MAD)-2014-9-132] [REFERRED TO]
SUVARNA VS. IBRAHIMKUTTY [LAWS(KER)-2021-9-284] [REFERRED TO]
M PARIMANAM @ PARIMANA KONAR VS. T EGAMMAI [LAWS(MAD)-2017-3-282] [REFERRED TO]
M.L.GUPTA AND ASSOCIATES VS. H.P.HOUSING AND URBAN DEVELOPMENT AUTHORITY [LAWS(HPH)-2011-9-71] [REFERRED TO]
AWADH NARESH SHARMA VS. STATE OF U P [LAWS(ALL)-2007-11-44] [REFERRED TO]
SANJAY MOHAN VS. STATE OF U P [LAWS(ALL)-2007-11-45] [REFERRED TO]
SANJAY KUMAR PATHAK VS. STATE OF U P [LAWS(ALL)-2007-3-203] [REFERRED TO]
SHANTANU MALVIYA VS. MOHITI @ RADHA MALVIYA [LAWS(ALL)-2017-12-284] [REFERRED TO]
ANJALI VARSHNEY VS. RAJENDRA VARSHNEY AND ANOTHER [LAWS(ALL)-2017-11-350] [REFERRED TO]
VIJAY BAHADUR PANDEY VS. U P STATE ELECTRICITY BOARD/ELECTRICITY DIST & 2 OTHERS [LAWS(ALL)-2017-11-366] [REFERRED TO]
KRIPA SHANKAR VS. TARA SHANKAR AND 6 OTHERS [LAWS(ALL)-2017-11-378] [REFERRED TO]
RAHUL CHAUHAN VS. SARVES AND ANOTHER [LAWS(ALL)-2017-11-389] [REFERRED TO]
KRISHNA AND ANOTHER VS. VIJAYEE PRASAD AND 7 OTHERS [LAWS(ALL)-2017-11-405] [REFERRED TO]
RADHEY SHYAM SETHI VS. SRI OM PRAKASH CHAURASIYA AND ANOTHER [LAWS(ALL)-2017-10-97] [REFERRED TO]
SURANTI DEVI VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-10-304] [REFERRED TO]
SURESH CHANDRA MISHRA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-7] [REFERRED TO]
RAMESH KUMAR JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2014-7-199] [REFERRED TO]
ROMAN CATHOLIC DIOCESE PRIVATE LIMITED VS. ADDL. DISTRICT JUDGE ROOM NO. 13 [LAWS(ALL)-2014-7-325] [REFERRED TO]
CHAWALI VS. STATE OF U P [LAWS(ALL)-2014-1-481] [REFERRED TO]
CHANDRA PAL GUPTA VS. MATHURA DUTT PANT [LAWS(ALL)-2012-12-249] [REFERRED TO]
KISHORE KUMAR MISHRA & OTHERS VS. ADDL. DISTRICT JUDGE, AGRA & OTHERS [LAWS(ALL)-2014-12-375] [REFERRED TO]
CHHEDI LAL GUPTA VS. DISTRICT JUDGE [LAWS(ALL)-2014-3-265] [REFERRED TO]
MEHTAB JAHAN VS. STATE OF U.P. [LAWS(ALL)-2014-8-559] [REFERRED TO]
SMT. SHASHI GUPTA VS. KISHAN SINGH [LAWS(ALL)-2012-8-274] [REFERRED TO]
MOTI LAL VS. TRUST SRI THAKUR KISHORI RAMAN JI MAHARAJ [LAWS(ALL)-2013-1-199] [REFERRED TO]
MOHD. HASHIM VS. JYOTSANA PURWAR [LAWS(ALL)-2013-1-459] [REFERRED TO]
ABDUL RAZAK P. M. VS. K. C. THOMAS [LAWS(KER)-2022-6-65] [REFERRED TO]
UNION OF INDIA VS. PRABHULAL SHAMJIBHAI THAKKAR [LAWS(GJH)-2013-3-134] [REFERRED TO]
ASHOK KUMAR SINDHI VS. SATISH CHANDRA SRIVASTAVA AND ANOTHER [LAWS(ALL)-2012-8-290] [REFERRED TO]
SHIV CHARAN VS. KM. NIRJA AND OTHERS [LAWS(ALL)-2012-9-324] [REFERRED TO]
PRAKASH CHANDRA AND OTHERS VS. XIIND A.D.J. AND ANOTHER [LAWS(ALL)-2013-1-463] [REFERRED TO]
NIRAMAL KUMAR JAIN VS. SPECIAL JUDGE/ADDL. DISTRICT JUDGE, MATHURA & OTHERS. [LAWS(ALL)-2012-10-265] [REFERRED TO]
SABARA VS. AZMAT ALI AND 4 OTHERS [LAWS(ALL)-2017-11-385] [REFERRED TO]
BALVEER SINGH VS. GYANA DEVI [LAWS(ALL)-2018-9-244] [REFERRED TO]
KISHAN VS. G SABHA [LAWS(ALL)-2019-2-43] [REFERRED TO]
MANAGEMENT PANDIYAN ROADWAYS CORP LTD VS. N BALAKRISHNAN [LAWS(SC)-2007-5-172] [REFERRED TO]
T G N KUMAR VS. STATE OF KERALA [LAWS(SC)-2010-1-46] [REFERRED TO]
MUKESH RAO VS. HIGH COURT OF PUNJAB AND HARYANA [LAWS(P&H)-2012-12-74] [REFERRED TO]
A VS. B [LAWS(MAD)-2016-8-149] [REFERRED TO]
SURESH RAJAN VS. REGISTRAR GENERAL [LAWS(MAD)-2014-6-474] [REFERRED]
BHAVAN KUMAR VS. STATE OF H.P. [LAWS(HPH)-2020-2-41] [REFERRED TO]
V S LAD VS. SOCIEDADE DE FOMENTO INDUSTRIAL PRIVATE LIMITED [LAWS(KAR)-2011-9-38] [REFERRED TO]
RAJKUMAR S.METHA VS. RENUKA DEVI [LAWS(MAD)-2019-8-256] [REFERRED TO]
SUMAC INTERNATIONAL LIMITED, GOMTI NAGAR, LUCKNOW VS. U P STATE SUGAR CORPORATION, GOMTI NAGAR, LUCKNOW [LAWS(ALL)-2018-9-95] [REFERRED TO]
NORISH JOHN WILLIAM VS. NIRMAL FRAIZER [LAWS(ALL)-2018-9-198] [REFERRED TO]
BRAHMA PRASAD PANDEY VS. PRASHANT MATHUR [LAWS(ALL)-2018-7-264] [REFERRED TO]
RUSTAM VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2016-8-355] [REFERRED TO]
JAI PRAKASH AND ANOTHER VS. OM PRAKASH AND 2 OTHERS [LAWS(ALL)-2017-11-391] [REFERRED TO]
SANJEEV AGARWAL AND 4 OTHERS VS. UNION OF INDIA AND 3 OTHERS [LAWS(ALL)-2017-12-286] [REFERRED TO]
AWADHES KUMAR PANDEY VS. TARKESHWAR NATH PANDEY AND ANOTHER [LAWS(ALL)-2017-10-252] [REFERRED TO]
VISHWANATH AND 10 OTHERS VS. NIRMALA VERMA [LAWS(ALL)-2017-10-274] [REFERRED TO]
SITA RAM BIJPURIYA VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2012-10-264] [REFERRED TO]
SALAHUDDIN QURESHI VS. NASIM AIJAZ [LAWS(ALL)-2012-8-311] [REFERRED TO]
KHAN CHANDRA AND ORS. VS. GIRISH CHANDRA SHARMA AND ORS. [LAWS(ALL)-2012-9-303] [REFERRED TO]
K R ANDU GOWDER VS. AMMU AMMAL [LAWS(MAD)-2007-3-81] [REFERRED TO]
IN RE, SUO MOTU COGNISANCE VS. UNION OF INDIA [LAWS(PAT)-2019-9-1] [REFERRED TO]


JUDGEMENT

K.G. Balakrishnan, J. - (1.)Leave granted.
(2.)A case was registered by P.S. Sirhind against seven persons, including the appellant under Sections 469/467, 468/218-120B of IPC and also under the provisions of the Prevention of Corruption Act. The appellant was arrested and remanded to judicial custody and the final report was filed by the police. It appears that the appellant moved an application for bail, but the same was rejected. The appellant moved another bail application on 24.4.2003 before the Sessions Judge, Fatehpur Sahib, which was fixed for hearing on 5.5.2003. Meanwhile, on 29.4.2003 the Administrative Judge of the High Court of Punjab & Haryana came for annual inspection to the District & Sessions Court, Fatehpur Sahib, and the Deputy Commissioner, S.S.P. and other police officers were present. The Honble Judge visited the Jail at Nabha as part of the inspection programme. The appellant moved an application for bail during the course of inspection and the learned Judge noticed the police officers as representative of the prosecution, and as they had no objection to the granting of bail to the appellant, the learned Judge passed the following Order:
The applicant is facing trial for commission of offences under Sections 409, 447, 468, 218, 120B IPC and also under the provisions of Prevention of Corruption Act. His co-accused similarly situated has since been enlarged on bail. Applicant is in jail for the last seven months. Sessions Judge asked to look into his application and enlarge him on bail as his trial is likely to take some time before it is concluded

(Emphasis supplied)

Thereafter, the bail application of the appellant came up for hearing before the Sessions Judge, Fatehpur Sahib, who, without making a reference to the directions contained in the order of the Administrative Judge, dismissed the application. But, on the next day, i.e. 6.5.2003, when his attention was drawn to the order of the Administrative Judge, the Sessions Judge granted bail to the appellant. The appellant also moved an application for the release of his earth-moving machine, which was seized by the police during investigations and the same was released to the appellant on furnishing a bond in the sum of Rs. 20 lacs.

(3.)On 13.6.2003, one Usha Rani made a complaint to the Chief Justice of the Punjab & Haryana High Court, alleging mala fides on the part of the Sessions Judge, Fatehpur Saheb, in granting bail to the appellant. The Chief Justice called for the proceedings and directed that the entire matter be placed before the very same Administrative Judge on the judicial side. Thereupon, notice was issued to the appellant. The de facto complainant also entered appearance. She reiterated her allegation and sought for cancellation of bail granted to the appellant. The learned Administrative Judge held that while passing the order of bail on 6.5.2003, the Sessions Judge had not discussed the matter on merit and therefore the order dated 6.5.2003 was set aside. Aggrieved by the same the appellant has preferred the instant appeal by way of special leave.


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