Mr. Mrinal Kanti Mandal, learned Advocate is right in submitting that in certain cases this Court had granted benefit even to a non-appealing accused. In Bijoy Singh v. State of Bihar MANU/SC/0333/2002 : 2002 (8) SCC 147, this Court observed that if on evaluation of the case, a conclusion is reached that no conviction of any accused was possible the benefit of that decision must be extended to the similarly situated co-accused even though he had not challenged the order by way of the appeal. To similar effect was the dictum of this Court in Suresh Chaudhary v. State of Bihar MANU/SC/0185/2003 : 2003 (4) SCC 128 and in Pawan Kumar v. State of Haryana MANU/SC/0508/2003 : 2003 (11) SCC 241 and in Mohinder Singh and Anr. v. State of Punjab and Ors. MANU/SC/0696/2003 : 2004 (12) SCC 311.
20. In the circumstances we allow the present appeal, set aside the judgments of conviction recorded by the courts below against the Appellant and acquit him of all the charges leveled against him. We further direct that the benefit of this acquittal and our decision will also enure to the advantage of the non-appealing accused namely Sk. Sahid @Bablu.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1953 of 2010
Decided On: 06.01.2017
Md. Sajjad Vs.State of West Bengal
Hon'ble Judges/Coram:
Pinaki Chandra Ghose and U.U. Lalit, JJ.
Citation: (2017) 8 SCC 757
