SUPREME COURT IMPOSED COST OF RS. 10K ON PETITIONER FOR SEEKING REMISSION BY SUPPRESSING FACTS & GIVING FALSE INFORMATION

The Supreme Court in the case Sunil Nayak @Fundi v. State  (NCT  of  Delhi) observed and has dismissed a special leave petition and has imposed the cost for an amount of Rs.10,000 on a petitioner for seeking remission by suppressing facts.

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The bench comprising of Justice Abhay S. Oka and Justice Augustine George Masih told the advocate that false statements have been pleaded in the present case.

The accused in the said case sought remission against his conviction for offences punishable under Section 302, Section 34 of the Indian Penal Code, 1860. The accused was awarded rigorous imprisonment for life by the Trial Court. The accused had also sought a grant of parole on the grounds that there was a medical emergency in the family. The court rejected the same on February 28. In the present case, the petitioner was in judicial custody for the last 14 years without remission, and he was re-arrested under Section 25, Section 54 and Section 59 of the Arms Act when he was out on an emergency parole in 2020. The bench headed by Justice Oka stated that, ‘six cases we have come across where for permanent remission, false statements are made.’

The SLP filed states that the Miscellaneous Application filed by the petitioner was dismissed by the Delhi High Court wherein seeking interim relief against conviction.

Therefore, the court perusing the SLP found that the M.A was not dismissed but was withdrawn.