Supreme Court grants bail, orders final hearing on juvenile conviction recall
The case concerns an appeal by a convict, Mahavir alias Avnish, who was found to be a juvenile at the time of the offense, against the High Court of Madhya Pradesh's refusal to recall its judgment of conviction under Section 201 Part II of the Indian Penal Code. The core issue is whether the High Court has the inherent power under Section 482 of the Code of Criminal Procedure to recall a final judgment to grant the benefit of juvenility, despite the bar under Section 362 CrPC.
Appellant: Mahavir alias Avnish; Respondent: The State of Madhya Pradesh; Bench: Justice Chandrashekar.
- Leave granted for the appeal.
- The Court noted that the Juvenile Justice Board confirmed the appellant was a juvenile (approx. 17 years old) on the date of the offense.
- The Court expressed its inclination to entertain the petition based on prior judgments (Abuzar Hossain and State of Madhya Pradesh v. Ramji Lal).
- Notice was issued to the respondent, returnable within six weeks.
- The respondent was directed to file a counter-affidavit within four weeks.
- The appellant was ordered to be released on bail on terms and conditions imposed by the trial court.
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Document details
| Official title | S. 362 CrPC Does Not Curtail High Court's Inherent Power To Recall Judgment Resulting In Miscarriage Of Justice: Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | SLPs of the appellant's parents were heard and disposed of on merits with reduction |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |